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ALLAHABAD HIGH COURT
Vishnu Chandra Gupta, J.
Babloo @ Babloo Khan - Appellant
Versus
State Of U.P And Anr. - Respondent
U/S 482/378/407 No. - 809 of 2015
Decided On : 31-03-2015
Section 482 Cr.P.C. - Quashing of Criminal Proceedings - Lack of Merit
Fact of the Case:
The petitioner sought to quash criminal proceedings against him under various sections of the Indian Penal Code (IPC) and challenged the orders passed by the Chief Judicial Magistrate.
Finding of the Court:
The court found that there was no merit in the petitioner's contention as the material on record indicated that a case was made out against the petitioner. However, the court allowed the petitioner to surrender and apply for bail, with a direction to consider the bail application expeditiously.
Issues: The main issue was whether the criminal proceedings against the petitioner should be quashed.
Ratio Decidendi: The court held that based on the material on record, no interference was called for at that stage, indicating that the case against the petitioner had merit. The court also referred to a judgment of the Apex Court regarding surrender and bail application.
Final Decision: The petition was finally disposed of with the observation that the petitioner could surrender and apply for bail, with a direction to consider the bail application expeditiously.
Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
2. By means of this petition under Section 482 Cr.P.C., the petitioner, namely, Babloo @ Babloo Khan has prayed for quashing the entire criminal proceedings of Case No. 971 of 2014 (State of U.P. Vs. Ram Chandar and others), arising out of Case Crime No. 799 of 2013, under Sections 365, 327, 328, 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Faizabad as well as orders dated 25.09.2014 and 22.01.2015 passed by learned Chief Judicial Magistrate, Faizabad in above mentioned case.
3. Initially an F.I.R. has been lodged against the petitioner under Sections 365, 327, 328 I.P.C. After investigation charge sheet has been submitted under Sections 365, 327, 328, 419, 420, 467, 468, 471 I.P.C.
4. It has been contended by learned counsel for the petitioner that petitioner is already bailed out in Sections 365, 327, 328 I.P.C.
5. From the perusal of material on record, it could not be said that no case is made out against the petitioner. Therefore, at this stage no interference is called for by this Court. The petition lacks merit.
6. However, if the petitioner has already been enlarged on bail under Sections 365, 327, 328 I.P.C. and he surrenders before the court below within two weeks from today and moves bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgment delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.), in case the accused petitioner has not yet surrendered and applied for bail.
7. For two weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner.
8. With this observation, the petition is finally disposed of.
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