- (1.) AMAR Saran, J. Heard learned Counsel for the applicant and the learned A. G. A. An order dated 11. 1. 2008 refusing to accede to the prayer of the applicant not to frame charges against him passed by the C. J. M. , Muzaffar Nagar in Case No. 2456/9 of 2007, State v. Rameshwar Prasad Tyagi under section 198 (sic 198-A) Z. A. and L. R. Act and section 448 IPC has been challenged by means of this application.
(2.) LEARNED Counsel for the applicant submits that for application under section 198-A of Z. A. and L. R. Act, there must be previous orders of allotment of the land to the complainant and an eviction order from the said land should have been passed against the applicant and only when there is repeated repossession of the land in dispute that the impugned provision will apply. However, from the application dated 7. 11. 2008 and the order dated 11. 1. 2008 it does not appear that this contention was even raised before the Court below. In this view of the matter, proceedings against the applicant cannot be quashed. However, in the circumstances of the case, I direct that if the applicant surrenders within three weeks after intimating his intention to surrender three days prior to the date of his actual surrender before the Court concerned, the prosecution shall not take any additional time for obtaining police documents etc. , in the case and shall have all the material available when the applicant appears on the intimated date. Thereafter, as far as possible, the Court concerned shall dispose of his bail application on the same day itself. This direction is consistent with the direction of the Apex Court in Naresh Kumar Yadav v. Ravindra (2008) 1 SCC 632. Kumar and others (Para and ). Thereafter, if bail is granted to the applicant, the Trial Court may permit the applicant to appear through Counsel and raise his objections on the aforesaid points and other points.
(3.) THIS relief is being granted upto the stage of framing of charges provided the applicant after securing bail gives an undertaking to the satisfaction of the Trial Court that: (a) his Counsel will remain present on his behalf and represent him on each date; (b) he will not raise any objection as to their being the actual person who is facing trial; (c) he does not object to the evidence being recorded in his absence; (d) he undertakes to be present before the Court whenever called upon to do so at any stage. These undertakings are being taken in the light of the directions of the Supreme Court in the case of M/s. Bhaskar Industries Limited v. Bhiwani Denim, 2001 (43) ACC 760 (SC ). and Apparels Limited. 2 This relief of appearing through Counsel on the terms and conditions mentioned above will only be available to the applicant provided he appears within one month from the date of this order and obtain bail in the Court below. With these observations this application is disposed of. Application Disposed Of. .;