Court No. - 28 Case :- U/S 482/378/407 No. - 167 of 2010 Petitioner :- Tribhuwan Nath @ Guddu Vishwakarma Respondent :- State Of U.P. & Another Petitioner Counsel :- Vijay Kumar,Arun Kumar Respondent Counsel :- Govt. Advocate 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
charge sheet no. 58 of 2001 dated filed in Case Crime No. 16 of 2001, under
Sections 363, 366 494 I.P.C. Police Station Sangramgarh, District-
Pratapgarh and for quashing of the entire proceedings of the Criminal Case
No. 604 of 2009, pending in the Court of Addl. Civil Judge (Junior Division),
Pratapgarh.
The allegations are factual in nature and at this stage, there does not appear to
be any good ground for quashing of the charge sheet, which has been filed on
the basis of the accusations made in the F.I.R., statement recorded under
Section 161 Cr.P.C. and the material collected during the investigation.
It is contended on behalf of the applicant/petitioner that except Section 366
I.P.C., 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 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 appears before the court
below and applies for bail within one month 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 one month, order regarding issuance of non
bailable warrant against the petitioner, if any, shall be kept in abeyance.
With these observations this application under Section 482 Cr.P.C. is finally
disposed of.
Order Date :- 19.1.2010
ML/-