Court No. - 53 Case :- APPLICATION U/S 482 No. - 25585 of 2010 Petitioner :- Ritesh Sharma Respondent :- State Of U.P. & Another Petitioner Counsel :- Divya Ojha Respondent Counsel :- Govt. Adovcate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The investigating officer, on completion of the investigation, found sufficient
materials against the applicant 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 applicant further submitted that the applicant
being law abiding citizens, wants to appear before the courts below to seek
bail, therefore, he/she may be provided some interim protection.
It is, therefore, provided that if the applicant namely Ritesh Sharma appears
before the courts below and applies for bail within one month from today, his
bail prayer in criminal case arising out of case crime no. 495 of 2009 under
sections 498A, 323, 504, 506 IPC and section 3/4 of the Dowry Prohibition
Act, P.S. Bhelupura District Varanasi pending in the court of Additional Chief
Judicial Magistrate, Varanasi shall be considered and disposed of by the
courts below on the same day 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.
Till the surrender of the applicant before the Magistrate or expiry of the
aforesaid period of one month, whichever is earlier, the applicant shall not be
arrested.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of finally.
Order Date :- 10.8.2010
MTA