Heard learned counsel for the petitioner and learned A. G. A. who has put in appearance on behalf of the State.
At this stage there is no need to issue notices to opposite parties Nos. 2 & 3, hence it is dispensed with.
This application under Section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 25.11.2008 filed in Case Crime No. 477-A of 2008, under Sections 323, 452, 504, 506 I.P.C. and Section 3 (1) (X) SC/ST Act Mohd. Pur Khala, District Barabanki and the order dated 20.06.2009 issuing non bailable warrant against the petitioner, passed by the Addl. Chief Judicial Magistrate, Court No. 12, Barabanki. The allegations are factual in nature and at this stage, there does not appear to be any good ground for quashing of the charge sheet, which has been filed on the basis of the accusations made in the F.I.R., statement recorded under Section 161 Cr.P.C. and the material collected during the investigation.
It is contended on behalf of the applicant/petitioner that except the provision of Section 3 (1) (X) SC/ST Act, the remaining sections of the Indian Penal Code are triable by Magistrate and the same are not of grave nature. Nevertheless, the applicant being law abiding citizen intends to appear before the court below to obtain the bail. Without entering into the merit of the case, in view of the fact that the applicant/petitioner being a law abiding citizen intends to appear before the court below, it is hereby directed that if the applicant appear before the court below and applies for bail within three weeks from today, both the courts 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. 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) furnish 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. Till the aforesaid period of three non bailable warrant issued against the petitioner, shall be kept in abeyance.
With these observations this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 7.1.2010 ML/-