Court No. - 53 Case :- APPLICATION U/S 482 No. - 25645 of 2010 Petitioner :- Akhilesh Sachan And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Y.S.Sachan 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 investigating officer, on completion of the investigation, found sufficient
materials against the applicants 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 applicants further submitted that the applicants
being law abiding citizens, want to appear before the courts below to seek
bail, therefore, they may be provided some interim protection.
It is, therefore, provided that if the applicants namely Akhilesh Sachan, Smt.
Ram Shree, Smt. Malti Devi and Devi Gulab appear before the courts below
and apply for bail within one month from today, their bail prayer in criminal
case no. 1829 of 2009, (State Vs. Akhilesh Sachan and others) under sections
498A, 323, 504, 506 IPC and section 3/4 of the Dowry Prohibition Act, P.S.
Dhoomanganj, District Allahabad pending in the court of Additional Judicial
Magistrate, Court No.5, Allahabad 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 applicants before the Magistrate or expiry of the
aforesaid period of one month, whichever is earlier, the applicants shall not be
arrested.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of finally.
Order Date :- 10.8.2010
MTA