Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 363 of 2010 Petitioner :- Amit Chhoker Respondent :- State Of U.P. Petitioner Counsel :- Vidhu Bhushan Singh 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 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
the 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 for
interference with the charge sheet.
It is however, provided that the bail application of the applicant (Jay
Pal Singh) in case crime no. ( 1787 of 2009) under sections 420, 467,
468 and 471 IPC, police station Hathras Junction district Hathras 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 :- 19.1.2010
MTA