Court No. - 54 Case :- APPLICATION U/S 482 No. - 809 of 2010 Petitioner :- Narayan Babu Varshney Respondent :- State Of U.P. And Another Petitioner Counsel :- Ashish Singh,Manish Tiwary Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the chargesheet in
case crime No. 410 of 2009 under sections 406, 420, 467, 468, 504,
506, 120-B I.P.C., P.S. Kasna , District Gautam Budh Nagar.
From the perusal of the record, it appears that on the basis of material
collected by the I.O., the prima facie offence is made out. Therefore,
there is no irregularity or illegality in filing the charge-sheet, the prayer
for quashing the charge-sheet is refused.
However, considering the facts, it is directed that in case applicant
appears before the court concerned within 30 days from today and
applies for bail, the same shall be heard and disposed of in view of Smt.
Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755.
The Full Bench of this court has held in the aforementioned case;
1. Even if a cognizable offence is disclosed in the FIR or complaint
the arrest of the accused is not a must, rather the police officer
should be guided by the the decision of the Supreme Court in
Joginder Kumar Vs. State of U.P. 1994 Cr.L.J. 1981, before
deciding whether to make an arrest or not.
2. The High Court should ordinarily not direct any Subordinate
Court to decide the bail application the same day, as that would
be interfering with the judicial discretion of the court hearing the
bail application. However, as stated above, when the bail
application is under section 437 Cr.P.C. ordinarily the
Magistrate should himself decide the bail application the same
day, and if he decides in a rare and exceptional case not to
decide it on the same day, he must record his reasons in writing.
As regards the application under section 439 Cr.P.C. it is in the
discretion of the learned Sessions Judge, considering the facts
and circumstances whether to decide the bail application the
same day or not, and it is also in his discretion to grant interim
bail the same day subject to the final decision on the bail
application later.
The above view has been approved by the Hon’ble Apex Court in Lal
Kamlendra Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal
Appeal No. 538 of 2009.
Thereafter, it is directed that in case the applicant moves discharge
application at appropriate stage or raises objection at the time of
framing the charge, the same shall be heard and disposed of in
accordance with law.
With this direction, this application is finally disposed.
Order Date :- 13.1.2010
Su