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2016 Supreme(All) 2359
ALLAHABAD HIGH COURT
Om Prakash-VII, J.
Girija Shankar - Appellant
Versus
State of U.P. And Another - Respondent
Application U/S 482 No. - 10583 of 2016
Decided On : 12-04-2016
For the Petitioner: Satya Srivastava.
For the Respondent: G.A.
The court's discretion in balancing the interests of the accused and the need for ensuring appearance in trial proceedings under Section 482 of the Criminal Procedure Code.
Headnote:
Quashing of Charge-sheet - Surrender and Bail - Criminal Procedure Code
Fact of the Case:
The applicant filed an application under Section 482 Cr.P.C. to quash the charge-sheet and non-bailable warrant issued against him in a case involving Sections 419, 420, 467, 471 IPC. The applicant claimed that the reasons for his failure to appear before the trial court were beyond his control and expressed intention to participate in the trial proceedings.
Finding of the Court:
The court, after considering the submissions and materials, refused to quash the charge-sheet or the non-bailable warrant. However, the court directed the applicant to surrender before the court and apply for bail within fifteen days, with a provision for no coercive action during this period. The court also warned of coercive steps in case of default.
Issues: Quashing of charge-sheet, non-bailable warrant, surrender, bail
Ratio Decidendi: The court balanced the interests of the applicant and the need for ensuring his appearance in the trial proceedings, ultimately refusing to quash the charge-sheet and non-bailable warrant but allowing the applicant to surrender and apply for bail within a specified period.
Final Decision: The application for quashing the charge-sheet and non-bailable warrant was refused, but the applicant was directed to surrender and apply for bail within fifteen days, with a provision for no coercive action during this period.
Om Prakash-VII,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet in case no. 828 of 2012, arising out of case crime no. 11 of 2012, under Sections 419, 420, 467, 471 IPC, P.S. Kerakat, District Jaunpur pending before Additional Chief Judicial Magistrate-II, Jaunpur.
3. It is submitted by the learned counsel for the applicant that non-bailable warrant has been issued in the matter against the applicant. Learned counsel for the applicant further contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
4. Learned AGA appearing for the State opposed the prayer.
5. Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the materials brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the charge-sheet or the order issuing non-bailable warrrant. The prayer made in the application is refused.
6. However, the application is disposed of with a direction to the applicant to surrender before the court below and apply for bail within fifteen days from today, which shall be considered and decided by the court below in accordance with settled principles of law. For a period of fifteen days from today, no coercive action shall be taken/given effect to against the applicant.
7. In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.
8. With the aforesaid observations, the application is disposed of.
