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 notice to opposite party No. 2, hence it is dispensed with. This petition under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 225 of 2009, dated 29.07.2009, filed in case Crime No. 1775 of 2009, under Sections 498-A, 504, 506 IPC, and 3/4 D.P.Act, Police Station Kotwali City, district Hardoi, and the cognizance order dated 27.08.2009 passed by the Chief Judicial Magistrate, Hardoi. The charge sheet has been filed on the basis of accusations made in the FIR as also the material collected during investigation including the statements under Section 161 Cr.P.C., therefore it cannot be quashed. .
It is contended on behalf of the petitioner that the offences are not of grave nature and are triable by Magistrate. The petitioner is a lady who is entitled to get the benefit of the relevant provisions of Section 437 Cr.P.c. in respect of ladies. She being a 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 petitioner being a law abiding citizen intends to appear before the court below, it is hereby directed that if the petitioner appears before the court below and applies 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 677 & 2009 (2) Crimes 4 (SC). Thereafter, the trial court may permit the petitioner 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 petitioner after securing bail (1) furnishes an undertaking to the satisfaction of the trial court that her counsel will remain present on her behalf and will represent him on each and every date, (2) she 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 she 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.
With these observations this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 11.1.2010 Shaakir/