Heard learned counsel for the petitioner, learned A.G.A. and perused the record.
This petition under Section 482 Cr.P.C. has been filed for quashing of the impugned order dated 06.08.2009. This order has been passed at the time of considering the protest petition against the final report. In addition to the material available on record, the learned Magistrate also examined the complainant under Section 200 Cr.P.C. after adopting the procedure contained in Chapter XV of the Cr.P.C. and thereafter passed a detailed order summoning the accused/petitioner after rejecting the final report. There does not appear to be any embellishment in the order. Therefore, it cannot be quashed.
Learned counsel for the petitioner, however, submits that the petitioner is a lady who being law abiding citizen intends to appear before the Court below to participate in the proceeding. It is also submitted that the offences are not very grave in nature and are triable by Magistrate. Without entering into merit of the case, it is provided that if the applicant/petitioner appears before the court below within four weeks and applies for bail, the same shall be considered expeditiously preferably on the same day, if possible, keeping in view the law laid down in the case of Smt. Amrawati and another Vs. State of U.P. reported in 2004 CBC page 705 and Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (1) JIC 677 and also the fact that petitioner is a lady. Thereafter, the trial court may permit the applicants to appear through counsel till the framing of charges. Till the aforesaid period of four weeks, non bailable warrant, if any, against the petitioner shall be kept in abeyance. The petition is disposed of accordingly.
Order Date :- 12.1.2010 ML/-