By means of this petition the petitioners have challenged the order dated 23.11.2005 passed by Sessions Judge Faizabad and order dated 23.7.2005 passed by Chief Judicial Magistrate, Faizabad in Case No. 6038 of 2005 whereby he has taken cognizance of offence under section 420, 467, 468 I.P.C. and summoned the petitioners as accused as well as the proceedings of Case no. 6038 of 2005.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the petitioners that some of the sections are not made out against the petitioners on the basis of allegations made in the F.I.R.
Considering the facts and circumstances of the case I am of the opinion that at this stage it cannot be said that there any misuse of process of court.
So far as the submission of learned counsel for the petitioner that all the sections in which the petitioners have been summoned are not made out on the basis of allegations contained in the F.I.R. against the petitioners is concerned, it is open for the petitioners to raise all these points at the time of framing of charge.
The order staying the proceedings before the court below is hereby vacated and the court below is directed to proceed in the matter.
However, in the circumstances of the case, it is provided that if the petitioners move an application for surrender before the court concerned within thirty days from today, the Magistrate concerned shall fix a date about two weeks thereafter for the appearance of the petitioners and in the meantime release the petitioners on interim bail on such terms and conditions as the court concerned considers fit and proper till the date fixed for the disposal of the regular bail. The court concerned shall also direct the Public Prosecutor to seek instructions from the investigating officer by the date fixed and also give an opportunity of hearing to the informant and thereafter decide the regular bail application of the petitioners in accordance with the observations of the Full Bench of this Court in Amrawati and another Vs. State of UP, 2004 (57) ALR 290, affirmed by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of UP, 2009 (2) Crime 4 (SC) and reiterated by the Division Bench of this Court in Sheoraj Singh alias Chuttan Vs. State of UP and others, 2009 (65) ACC 781. If further instructions are needed or if adjournment of the case on the date fixed for hearing becomes unavoidable, the Court may fix another date, and may also extend the earlier order granting interim bail, if it deems fit.
In case the petitioners fail to appear before the court concerned on the dates fixed it will be open to the Public Prosecutor to move an application for canceling the order of interim/final bail and the Court concerned may pass an appropriate order on merits.
With the aforesaid observations, this petition is disposed of.
Order Date :- 30.11.2010 o.k.