Court No. - 28 Case :- APPLICATION U/S 482 No. - 213 of 2010 Petitioner :- Talewar Singh And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Kamini Pandey,Ajay Dubey 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 Talewar
Singh, Prem Singh, Prem Singh, Nihal Singh, Prayag Narayan, Prem Singh
and Vasudev in complaint case no. 46of 2009 under sections 147, 457, 380,
504, 506 IPC, pending in the court of Judicial Magistrate Ist, Court No.2,
police station Malpura, district ,Agra 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 of finally.
Order Date :- 21.1.2010
MTA