Heard learned counsel for the petitioner and learned A. G. A. who has put in appearance on behalf of the State, opposite parties 1, 2 and 3. At this stage there is no need to issue notice to opposite party no. 4, hence it is dispensed with.
This petition under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 143 of 2008, dated 27.09.2008 filed in case Crime No. 975 of 2008, under Sections 504, 506, 427, 352 IPC, Police Station Ikauna, district Shravasti, pending in the court of Chief Judicial Magistrate, Shravasti. 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 petitioner that the offences are not of grave nature and the petitioner being a law abiding citizen intends to appear before the court(s) below to obtain the bail.
Without entering into the merit of the case, in view of the fact that the petitioner being a law abiding citizen intends to appear before the court below, it is hereby directed that if the 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 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 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) 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.
With these observations this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 18.1.2010 Shaakir/