Court No. - 45 Case :- APPLICATION U/S 482 No. - 9546 of 2010 Petitioner :- Pallavi Srivastava Respondent :- State Of U.P. And Another Petitioner Counsel :- B.N. Rai,Adarsh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicants and the learned AGA and
perused the record.
The investigating officer, on completion of the investigation, found sufficient
materials against the applicants and accordingly submitted the charge sheet.
The learned Magistrate has taken cognizance of the offences. The materials
collected during the investigation fully justify submission of the charge sheet
by the investigating officer and taking of cognizance by the Magistrate. There
does not appear to be any justification to exercise inherent power under
section 482 CrPC.
The learned counsel for the applicants further submitted that the applicants,
being law abiding citizens, want to appear before the courts below to seek
bail, therefore, they may be provided some interim protection.
It is, therefore, provided that if the applicants Pallavi Srivastava, Mamta
Srivastava, Neha Srivastava and Vinod Kumar Srivastava appear before the
courts below and apply for bail within one month from today, their bail prayer
in criminal case no.7416/2009, State vs. Mamta Srivastava, arising out of case
crime no.354 of 2009 , under sections 312 and 385 IPC, police station Panki,
District Kanpur Nagar, pending in the court of Metropolitan Magistrate Vth,
Kanpur Nagar, shall be considered and disposed of on the same day by the
courts below in the light of the principles laid down in the case of Lal
Kamlendra Pratap Singh vs. State of U.P. & others (2009) 4 SCC 437.
During the aforesaid period of one month, the applicants shall not be arrested.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of finally.
Order Date :- 2.4.2010
RKSh