Court No. - 53 Case :- APPLICATION U/S 482 No. - 576 of 2008 Petitioner :- Tauseef Uzma & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Vijaya Prakash,Neeraj Respondent Counsel :- Govt. Advocate,Neeraj Singh,Nitin Sharma Hon'ble Shri Kant Tripathi,J.
The matter was referred to the Mediation Centre but the mediation failed.
Heard Mr. Vijay Prakash for the applicants and Mr. Nitin Sharma for the
respondent no.2 and perused the record.
The investigating officer, on completion of the investigation, found sufficient
materials against the applicants 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 applicants further submitted that the applicants
being law abiding citizens, want to appear before the courts below to seek
bail, therefore, they may be provided some interim protection.
It is, therefore, provided that if the applicants namely Tauseef Uzma, Salim
Khan, Rahil Khan and Azahar @ Nishat Khan appear before the courts below
and apply for bail within one month from today, their bail prayer in case
crime no. 181 of 2007, under sections 307, 504 and 506 IPC, P.S. Lal Kurti,
District Meerut pending in the court of Special Chief Judicial Magistrate,
Meerut shall be considered and 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.
Till the surrender of the applicants before the Magistrate or expiry of the
aforesaid period of one month, whichever is earlier, the applicants shall not be
arrested.
Interim order, if any, is vacated.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of finally.
Order Date :- 6.8.2010
MTA
