Court No. - 28 Case :- APPLICATION U/S 482 No. - 243 of 2010 Petitioner :- Balwan Singh Respondent :- State Of U.P.And Another Petitioner Counsel :- Amit Yadav Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and
perused the record.
The learned Magistrate, keeping in view the materials on record, arrived
at the conclusion that there were sufficient material on record to
summon the accused. The finding of the learned Magistrate is based on
proper appraisal of the relevant material. The petition has no merit and
is liable to be dismissed.
It is, however, provided that the that bail prayer of the applicant Balwan
Singh in complaint case no. 916 of 2008 (pending in the court of
Judicial Magistrate, Rath, District Hamirpur) under sections 323. 504,
506, 405 IPC, police station Majhagawn, district Hamirpur, shall be
disposed of by the courts below in the light of the principles laid down
in the case of Lal Kamlendra Pratap Singh versus State of U.P. & others
(2009) 4 SCC 437.
With the aforesaid observations the petition under section 482 CrPC is
disposed of finally.
Order Date :- 21.1.2010
MTA