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 notices to opposite parties nos. 2 & 3 hence it is dispensed with.
This application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding of the Complaint Case No. 1107 of 2008 (Pooran Singh and another Vs. Jagdish Narain Shukla & others), pending in the Court of Ist Addl. Chief Judicial Magistrate, Lucknow under Section 500 I.P.C., Police Station Aliganj, District Lucknow and impugned summoning order dated 20.05.2009 and the order issuing bailable warrant against the petitioner.
The accusations/allegations are factual in nature that cannot be adjudicated in the present application. There does not appear to be any sufficient and cogent ground for quashing of the proceedings of the complaint case.
As far as the summoning order is concerned, it is a settled law that it need not be a well reasoned and detailed order. The order impugned, however, is a detailed order, which has been passed on the basis of the accusations made in the complaint and in the statements recorded under Section 200 and 202 Cr.P.C. Its perusal shows that it has been passed after due application of mind and therefore, there does not appear to be any good ground for either quashing of the summoning order or complaint.
It is submitted on behalf of the petitioner that the offence is not very grave and the same is triable by Magistrarte. Nevertheless, the petitioner, being law abiding citizen, intends to appear before the court below.
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 applicant/petitioner appears before the court below and applies for bail within three 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. 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) no objection shall be raised that the evidence is being recorded in his absence, (4) 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 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.
It is provided that during the aforesaid period of three weeks, the order issuing non bailable warrant against the petitioner shall be kept in abeyance.
With these observations this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 22.1.2010 ML/-