Court No. - 28 Case :- APPLICATION U/S 482 No. - 356 of 2010 Petitioner :- Ajay Pal Respondent :- State Of U.P. And Another Petitioner Counsel :- A.P.Tewari,S.S.Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant 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 applicant Ajay
Pal in complaint case no. 245 of 2009(Khachedu Vs. Ajay Pal ) under
sections 323, 504, 506 IPC, police station Rajpura district Budaun
pending in the court of Additional Civil Judge (JD)/Judicial Magistrate,
Sahaswan, District Budaun shall be 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 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 :- 22.1.2010
MTA