Court No.28
Criminal Miscellaneous Case No. 169 of 2010
Shiv Shankar Lal Vaish
S/o Late Babu Ram Vaish
R/o Village Baniyamau,
Police Station Macharehta,
District Sitapur, presently Resident of C/O A.K. Kapoor,
H.N.M.M.S. 1/88 Sector Aliganj, District Lucknow ...............Petitioner
Versus
State of U.P. and another ...........Opp. Parties
Hon'ble Alok K. Singh, J.
Heard the learned counsel for the petitioner and learned A.G.A. who has put in appearance on
behalf of opposite party no.1.
At this stage notice in respect of opposite party no. 2 is dispensed with.
The application under Section 482 Cr.P.C. has been filed for quashing the impugned
summoning order dated 02.07.2009 arising out of Case No.2038 of 2009, under Sections 420, 467,
468, 406 I.P.C., Police Station Wazirganj, District Lucknow and the orders dated 04.01.2010.
The charge-sheet has been filed on the basis of the accusation made in the F.I.R. and the
evidence collected during investigation including the statements under Section 161 Cr.P.C. The other
averments are factual in nature that cannot be adjudicated in the present application. There does not
appear to be any sufficient cogent ground for quashing of the entire proceedings.
Learned counsel for the petitioner, however, submits that the offences are triable by
Magistrate and not so grave and the petitioner being law abiding citizen intends to participate in the
proceedings after seeking bail.
Without entering into the merits of the case in view of the aforesaid facts and circumstances, it
is directed that if the applicant appears before the court concerned and applies for bail within one
month from today, both the courts below shall dispose of the application expeditiously, if possible, on
same day in accordance with the Full Bench decision of this Court Srimati Amrawati and another Vs.
State of U.P. 2004 CBC page 705 and Lal Kamlendra Pratap Singh Versus State of U.P. reported in
2009 (1) JIC 677 & 2009 (2) Crimes 4 (SC). 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) furnishes 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 cases of M/s Bhaskar Industries Ltd. Vs. Bhiwani
Denim and Apparels Limited reported in 2001 Cri. Law Journal page 4250.
Till the aforesaid period of one month, bailable/non-bailable warrant, if any, shall be kept in
abeyance.
With these observations this application under Section 482 Cr.P.C. is finally disposed of.
19.01.2010
PAL/CMC No. 169 of 2010
