Heard learned counsel for the petitioners and learned A. G. A. who has put in appearance on behalf of the State, opposite party no.1.
At this stage there is no need to issue notice to opposite party No. 2, hence it is dispensed with. This petition under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 31.08.2009 submitted in case crime no. 400 of 2009, under Sections 147, 148, 149, 452, 323, 504, 506 I.P.C.and 7 Criminal Law Amendment Act, Police Station Chaanda, district Sultanpur.
The impugned charge sheet has been filed on the basis of the accusations made in the F.I.R. and the material collected during investigation including statements recorded under Section 161 Cr.P.C. The averments are factual in nature which cannot be adjudicated here. There does not appear to be any sufficient cogent ground for quashing the charge sheet. It is contended on behalf of the petitioners that the offences are triable by Magistrate and the petitioners being law abiding citizens intend to appear before the court below to participate in the proceedings. All the petitioners belong to the same family. Petitioner no. 1 is aged about 70 years and as such he has become infirm on account of which he is entitled to get the benefit of the relevant provision contained in Section 437 Cr.P.C.
Without entering into the merit of the case, in view of the fact that the offences are not of grave nature and the petitioners intend to appear before the court below, it is hereby directed that if the applicants appear before the court below and apply for bail within four 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 & 2009 (2) Crimes 4 (SC). Thereafter, the trial court may permit the petitioners to appear through counsel and raise their objection, if any, against the initiation of trial proceedings against them at this 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 During the aforesaid period of four weeks the warrants, if any, shall be kept in abeyance. With these observations this petition under Section 482 Cr.P.C. is finally disposed of. Order Date :- 13.1.2010 Shaakir/