List revised. None responds for the respondent.
Learned counsel for the petitioner is present.
Heard learned counsel for the petitioners, learned A.G.A. and perused the record.
Learned counsel for the petitioners submits that unfortunately Mediation has failed as per report submitted by the Mediation Center through Registrar of the Court dated 20.11.2009 which is on record.
This application under Section 482 Cr.P.C. has been filed for quashing of the proceedings of the charge sheet no. 75 of 2008, dated 29.03.2008, filed in case crime no.69 of 2008, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Bazar Khala, District Lucknow, Criminal Case No. 4292 of 2008, pending in the Court of Judicial Magistrate-II, Lucknow. 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 applicants/petitioners that the offences are not very grave. However, the applicants/petitioners being law abiding citizens intend to appear before the court below to obtain bail. It is also submitted that the petitioner no. 3 is a lady who is entitled to get the benefit of the relevant provisions contained in Section 437 Cr.P.C. for granting bail in respect of the ladies.
Without entering into the merit of the case, in view of the facts and circumstances of the case, it is hereby directed that if the applicants/petitioners appear before the court below and apply 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 applicants to appear through counsel and raise their objection, if any, against the initiation of trial proceedings against them at the stage of framing of charges. This relief is being granted up to the stage of framing of charges only provided the applicants after securing bail (1) furnish an undertaking to the satisfaction of the trial court that their counsel will remain present on their behalf and will represent them on each and every date, (2) They 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 they 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 weeks, non bailable warrant, if any against the petitioners shall be kept in abeyance.
With these observations this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 1.2.2010 PAL/