Heard the learned counsel for the applicant 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 applicant Ajay Kumar Varshney in complaint case no. 6388 of 2009(Manish Sharma Vs. Indresh Gupta) under sections 323, 392, 504, 506 IPC, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Moradabad, 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