Court No. - 28 Case :- APPLICATION U/S 482 No. - 353 of 2010 Petitioner :- Abhai Rai Respondent :- State Of U.P. And Another Petitioner Counsel :- U.K.Saxena Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA for the state
and perused the record.
The learned counsel for the applicant submitted that in the summoning order
itself it is very clearly mentioned that the injured did not sustain any fire arm
injury. It was also submitted that the entire case has been cooked up to harass
the applicant who happens to be the Branch Manager of Induslnd Bank,
Branch Jhansi. It was further submitted that the summing order is bad.
The learned Magistrate appears to have considered the material collected
under section 200 Cr.P.C. as well as under section 202 Cr.P.C. He has passed
a detailed order which requires no interference by this Court under section
482 Cr.P.C.
It is, however, provided that if the applicant applies for the bail, his bail
application shall be disposed on the same day 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 Cr.P.C. is
disposed of finally.
Order Date :- 19.1.2010
MTA