Ram Shankar and Another vs State of U.P. and another

Shri Kant Tripathi, J.—Heard the learned counsel for the petitioners and the learned AGA and perused the record.

The petitioners have prayed for quashing of the proceedings of the criminal misc. case no.2078/08 arising out of crime no. 261/08 under sections 467, 468, 420, 504, 506 IPC, pending in the court of Judicial Magistrate II, Hardoi and the charge sheet no.68/2008 and the order dated 10.2.2009 issuing non bailable warrants for arrest of the petitioners.

I have gone through the materials on record and I am of the view that a prima facie case under the aforesaid sections is made out against the petitioners. The petition has no merit so far as the quashing of the charge sheet is concerned.

The learned counsel for the petitioners further submitted that some time may be provided to the petitioners to surrender before the Magistrate concerned, so that they may surrender and apply for bail.

Keeping in view the facts and circumstances of the case and submissions of the learned counsel for the petitioners and the learned AGA, it is provided that if the petitioners appear before the Magistrate concerned within thirty days from today and apply for bail, their bail applications shall be heard and disposed of expeditiously, if possible the same day, in accordance with the principles laid down in the cases of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.LJ 755 and Lal Kamlendra Pratap Singh Vs. State of U.P. (Crl. Appeal no.538 of 2009, decided on 23.3.2009). In case petitioners move application for exemption from personal appearance, the court concerned will pass appropriate order in the light of decision of the Apex Court in the case of Bhaskar Industries Ltd. vs. Bhiwani Denim & Apparels Ltd. & others (2001) 7 SCC 401.

With the aforesaid observations, this petition under section 482 Cr.P.C. stands finally disposed of.