Court No. - 28 Case :- APPLICATION U/S 482 No. - 203 of 2010 Petitioner :- Danish Respondent :- State Of U.P. & Another Petitioner Counsel :- S.S. Shah 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 counsel for the applicant submitted that the prosecutrix has
not given any statement against the applicant regarding the offence of
rape.
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
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.
It is however, provided that the bail prayer of the applicant Danish in
case crime no. 4420 of 2009 under sections 363, 366, 376 IPC, police
station T.P. Nagar, district Meerut, pending in the court of Additional
Chief Judicial Magistrate, Meerut arising out of crime no. 423 of 2009
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 off finally.
Order Date :- 21.1.2010
MTA