Heard learned counsel for the applicants and A.G.A for the State.
By means of this application under section 482 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), the applicants have invoked inherent jurisdiction of this court to quash the entire proceedings of Case No. 3112 of 2009 arising out of case crime No. 120 of 2009, under sections 147, 149, 452, 336, 323, 504, 506, 427 IPC and Section 3 (1) (x) SC/ST Act, P.S. Khadda, District Kushinagar, pending in the court of Chief Judicial Magistrate Kushinagar.
Certain arguments on merit have been made, but lastly it is submitted by learned counsel for the applicant that the courts below be directed to decide the bail application of the applicant on the same day. On the basis of the averments made in the First Information Report, prima facie cognizable offence is made out. After thorough investigation, charge- sheet has been submitted, on which cognizance has been taken. Therefore, in view of the observations made by Hon'ble Apex Court in the case State of Andhra Pradesh Vs. Bajjori Kanthaiah and another AIR 2009 SC 671, Renu Kumari vs. Sanjay Kumar 2008 (63) ACC 237 and State of Andhra Pradesh Vs. Aravapally Benkanna and another 2009 (65) ACC 941, there is no scope to quash the proceedings of aforesaid case.
However, considering the facts and circumstances of the case, it is directed that if the applicants move application for appearance/surrender before the court concerned within 30 days from today, the court concerned shall fix date on that application for surrender/appearance. In the meantime the court concerned shall seek instruction from the prosecution side. In case, the applicants move the application for bail on the day of appearance or surrender, the same shall be considered and disposed of expeditiously and if possible on the same day by the courts below, keeping in view the law/guidelines laid down in Smt. Amrawati and another versus State of U.P. 2004 (57) ALR (290) (Seven Judges' Judgment of this Court) and Hon'ble Apex Court judgment in Lal Kamlendra Pratap Singh vs. State of U.P. and others 2009 (3) A.D.J. 322 (SC), but having regard to the observations made by the Division Bench of this Court in Pradeep Tyagi Vs. State of U.P. and others 2009 (65) ACC 44 and Sheo Raj Singh @ Chhuttan vs. State of U.P. and others 2009 (65) ACC 781.
With this direction, the application is finally disposed of. Order Date :- 6.1.2010 v.k.updh.