Court No. - 53 Case :- APPLICATION U/S 482 No. - 25648 of 2010 Petitioner :- Raj Pal Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Sushil Kumar Pandey 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 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 applicant further submitted that the applicant,
being law abiding citizens, want to appears before the courts below to seek
bail, therefore, he may be provided some interim protection.
It is therefore, provided that if the applicant Raj Pal Singh appears before the
courts below and applies for bail within one month from today, his bail prayer
in case crime no. 405 of 2007, under sections 147, 148, 341, 352, 353, 332,
504 I.P.C. and Section 7 of Criminal Law Amendment Act, police station
Chhapar, district Muzaffar Nagar pending in the court of Civil Judge (Sr.
Division) Court No.3, Muzaffar Nagar, 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 applicant, before the Court or expiry of the aforesaid
period of one month, whichever is earlier, the applicant shall not be arrested.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of.
Order Date :- 12.8.2010
Rkb