Court No. - 28 Case :- APPLICATION U/S 482 No. - 323 of 2010 Petitioner :- Dya Ram Maurya And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- C.S. Kushwaha 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 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 applicants Dya
Ram Maurya, Parmatma Maurya and Ajauri, in complaint case no. 772
of 2008 (Smt. Anita Singh Vs. Dya Ram Maurya and others ) under
sections 323, 504, 506, 452, 354 IPC, police station Harpur Budahat,
district Gorakhpur, pending in the court of Judicial Magistrate
Gorakhpur 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
dismissed.
Order Date :- 22.1.2010
MTA