Heard the learned counsel for the petitioners and learned A.G.A. who has put in appearance on behalf of opposite party No. 1. At this stage notice in respect of opposite party No. 2 is dispensed with. The application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet No. 1580/09 arising out of Case Crime No. 552 of 2009 , under Section 147, 323, 504 I.P.C. and 3(1)(X) of SC and ST Act, Police Station Biswan, District Sitapur.2009. The charge sheet has been filed on the basis of the accusation made in the F.I.R. and the evidence collected during investigation including the statements under Section 161 Cr.P.C.. The other averments are factual in nature that cannot be adjudicated in the present application. There does not appear to be any sufficient cogent ground for quashing of the entire proceedings.
Learned counsel for the petitioners, however, submits that except the offence under Section 3(1) of SC and ST Act, the offences are triable by Magistrate and not so grave. Moreover the petitioners being law abiding citizens intend to appear before the court below to participate in the proceedings after seeking bail.
Without entering into the merits of the case in view of the aforesaid facts and circumstances, it is directed that if the applicants appear before the court concerned and apply for bail within one month from today, both the courts below shall dispose of the application e expeditiously, if possible, on same day in accordance with the Full Bench decision of this court in the case of Srimati Amrawati and another Vs. State of U.P. 2004 CBC page 705 and Lal Kamlendra Pratap Singh Versus 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 their objection, if any, against the initiation of trial proceedings against him at the state 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 his 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) no objection shall be raised that the evidence is being recorded in their absence, (4) 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 the Hon'ble Apex Court in the case of M/s Bhaskar Industries Ltd. Vs. Bhiwani Denim and Apparels Limited reported in 2001 Criminal Law Journal page 4250.
Till the aforesaid period of one month bailable/non-bailable warrant, if any, shall be kept in abeyance.
With these observations this application under Section 482 Cr.P.C. Is finally disposed of.
Order Date :- 4.2.2010 Kanhaiya