Court No. - 8 Case :- U/S 482/378/407 No. - 1812 of 2010 Petitioner :- Ashok Kumar & Ors. Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Devendra Kumar Rai,Bhim Singh,Kamal Kr. Singh Bishit 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 Ashok Kumar, Mahendra alias
Sushil and Jitendra alias Jeetu appear before the courts below and apply for
bail within one month from today, their bail prayer in Case No. 6473 of 2009
(State v Ashok Kumar & others) arising out of case crime no. 382-A of 2009,
under sections 323, 452, 504, 506 and 427 IPC, P.S, Mohanlalganj, District
Lucknow pending in the court of the Special Chief Judicial Magistrate,
Customs, Lucknow, 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 Court 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.
Order Date :- 10.5.2010
shailesh