Heard learned counsel for the petitioners, learned A. G. A. who has put in appearance on behalf of the State and perused the record. At this stage there is no need to issue notice to opposite party No. 2, hence it is dispensed with.
This application under Section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 05.08.2006 filed in crime no.201A of 1999, under Sections 137, 304, 504 I.P.C., Police Station Lonar District- Hardoi (State Vs.S.I. Chauthi Ram and others), pending in the Court of Addl. Chief Judicial Magistrate- I, Hardoi and order dated 01.11.2008 issuing non bailable warrant against the petitioners in Case No. 1452 of 2006.
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 applicants/petitioners that the offences are not very grave. It is further submitted that the petitioners belong to police force. Petitioner no. 1 is Sub Inspector while the remaining petitioners are constables. However, the applicants/petitioners being law abiding citizens intend to appear before the court below to participate in the proceedings after seeking bail.
Without entering into the merit of the case, in view of the facts and circumstances of the case, it is hereby directed that if the applicants/petitioners appear before the court below and apply 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. Thereafter, the trial court may permit the applicants to appear through counsel and raise their objection, if any, against the initiation of trial proceedings against them at the stage 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 their 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) 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 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 weeks, order dated 01.11.2008, non bailable warrant, if any against the petitioners 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/-