Court No. - 28 Case :- APPLICATION U/S 482 No. - 306 of 2010 Petitioner :- Gayatri Devi And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- J.B.Kesharwani,S.B.Vaish Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the petitioners and the learned AGA and
perused the record.
The investigating officer, on completion of the investigation found sufficient
materials against the petitioner 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 for interference with the charge sheet.
It is however, provided that the bail prayer of the applicants in case crime no.
59 of 2009, under sections 363 and 366 IPC, police station Sarai Akil, district
Kaushambi 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
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