Court No. - 52 Case :- APPLICATION U/S 482 No. - 14272 of 2010 Petitioner :- Ramagya Pandey And Others Respondent :- State Of U.P And Another Petitioner Counsel :- Arun Ku. Singh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants, learned counsel
for the opposite party no.2, learned AGA for the State and
perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has
been filed for quashing of the charge-sheet dated 26.2.2010
arising out of Case Crime No.14 of 2010, under Sections
323, 504, 506, 452, 427 IPC, P.S. Armapur, District Kanpur
Nagar and further to stay proceedings of Case No.725 of
2010, State Vs. Ravi Kant Tiwari and others.
Learned counsel for the applicants submitted that firstly the
first information report was lodged from the side of
applicants under Sections 498-A, 323, 504, 506, 325 IPC
and Section 3/4 of Dowry Prohibition Act, P.S. Armapur,
District Kanpur Nagar on 9th, February 2009 regarding the
alleged incident dated 28.2.2009. Though no reliable
material was available, however, the Investigating Officer
submitted charge-sheet.
Counsel for the opposite party no.2 informs that the
Magistrate concerned has directed in the present case for
further investigation on 21.3.2010
Contention of counsel for the applicant might be correct but
it requires to be considered on the basis of material
available.
As per information, learned Magistrate has directed for
further investigation hence in view of the facts and
circumstances, at this stage, no interference is required
under Section 482 Cr.P.C.
However, in view of the aforesaid facts, if the applicants
appear before the court concerned within 30 days from
today and apply for bail, it is expected that the same shall be
considered and disposed off expeditiously, if possible on the
same day in view of guide lines by Full Bench decision of
High Court in case of Amarawati and another Vs. State of
U.P., reported in 2004(57) ALR-390 and by the Apex Court
in Lal Kamlendra Pratap Singh v. State of U.P. reported in
2009 (4) SCC 437.
With these observations, application is disposed off finally.
Order Date :- 10.5.2010
Pramod