Court No. - 5 Case :- U/S 482/378/407 No. - 2869 of 2010 Petitioner :- Smt. Manju Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Firoz Ahmad Khan Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. has been filed by the petitioner for
quashing the entire proceedings of Complaint Case No. 106 of 2008
Mahindra and Mahindra Vs. Manju Singh under Section 138 of Negotiable
of Instruments Act Police Station Nagar district Faizabad pending in the
Court of Civil Judge II (SD) as well as order dated 5.6.2010, passed by
Sessions Judge, Faizabad in Crl.Misc. Case no. 82 of 2010.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
Notice against opposite party no. 2 is dispensed with.
Heard learned counsel for the parties and perused the record of the case.
Proceedings which have been sought to be quashed under Section 482 Cr.P.C.
pertain to the Complaint Case No. 106 of 2008: Mahindra and Mahindra Vs.
Manju Singh under Sectiion 138 of Negotiable of Instrument Act pending in
the court of Civil Judge II( S.D.), Faizabad. It is settled law that inherent
power to quash the proceedings should not be exercised to stifle the legitimate
prosecution. It would be erroneous to assess the reliable of the witnesses at
this stage. A perusal of the record prima facie discloses the commission of
offence. There is nothing on record to show that proceeding is malafide,
frivolous or vexatious. In these circumstances there appears no sufficient
ground to interfere in the matter and the progress of the trial before the court
below.
In the end ,learned counsel for the petitioner confines his prayer for
expeditious disposal of the bail application in the case the applicant
surrenders before the court below. No doubt it is the right of every one that
his bail application be disposed of expeditiously
It is,therefore, provided that if the petitioner surrenders before the court below
within ten days and moves and application for bail, the same shall be
considered and disposed of by the courts below expeditiously in the light of
the law laid down by Full Bench of this Court in the case of Smt. Amrawati
and another Vs. State of U.P. reported in 2005 CBC 705.
With the aforesaid direction/ observation, this petition is disposed of finally.
Order Date :- 8.7.2010
Tripathi
