Court No. - 28 Case :- U/S 482/378/407 No. - 240 of 2010 Petitioner :- Prem Das, Respondent :- State Of U.P., & Another Petitioner Counsel :- Raghunath Prasad Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioner and learned A. G. A. who has
put in appearance on behalf of the State.
At this stage there is no need to issue notice to opposite party No. 2,
hence it is dispensed with.
This application under Section 482 Cr.P.C. has been filed for quashing
of the proceedings of Case No. 3550 of 2009 (State Vs. Prem Das)
Crime No. 200 of 2009, under Sections 435, 354, 504, 506 I.P.C. Police
Station Pihani District Hardoi and the summoning order dated
24.08.2009, passed by the Chief Judicial Magistrate, Hardoi.
The allegations are factual in nature and at this stage, there does not
appear to be any good ground for quashing of the proceedings which
have been launched on the basis of the charge sheet, filed on the basis of
the accusations made in the F.I.R., statement recorded under Section
161 Cr.P.C. and other material collected during the investigation.
It is contended on behalf of the applicant/petitioner that the offences are
triable magistrate and the same are not of grave nature. However, the
applicant being law abiding citizen intends to appear before the court
below to obtain the bail.
Without entering into the merit of the case, in view of the fact that the
applicant/petitioner being a law abiding citizen intends to appear before
the court below, it is hereby directed that if the applicant appear before
the court below and applies for bail within three weeks from today, the
court(s) below shall dispose of the application expeditiously preferably
on the same day, if possible, in accordance with the observations made
in the case of Smt. Amrawati and another Vs. State of U.P. 2004 CBC
page 705 and Lal Kamlendra Pratap Singh Vs. State of U.P., reported
in 2009 (1) JIC 677. Thereafter, the trial court may permit the applicant
to appear through counsel and raise his objection, if any, against the
initiation of trial proceedings against him at the stage of framing of
charges. This relief is being granted up to the stage of framing of
charges only provided the applicant after securing bail (1) furnish an
undertaking to the satisfaction of the trial court that his counsel will
remain present on his behalf and will represent him on each and every
date, (2) he will not raise any objection as to the actual presence of the
person who is facing trial, (3) an undertaking will also be given to the
effect that he will be present before the court whenever called upon to
do so at any stage. These directions are being accorded in the light of
the observations made by Hon’ble Apex Court in the case of M/s
Bhaskar Industries Ltd. Vs. Bhiwani Denim and Apparels Limited,
reported in 2001 Crl. Law Journal page 4250.
Till the aforesaid period of three non bailable warrant, if any, issued
against the petitioner shall be kept in abeyance.
With these observations this application under Section 482 Cr.P.C. is
finally disposed of.
Order Date :- 22.1.2010
ML/-