Court No. - 28 Case :- APPLICATION U/S 482 No. - 188 of 2010 Petitioner :- Uma Sing And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Sudhir Singh 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 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 applicants, Uma Singh
and Pappu Singh, in complaint case no. 599 of 2008 under sections 323, 504,
506 IPC, pending in the court of Additional Chief Judicial Magistrate-15 ,
district Gorakhpur, 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