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 Dya Ram Maurya, Parmatma Maurya and Ajauri, in complaint case no. 772 of 2008 (Smt. Anita Singh Vs. Dya Ram Maurya and others ) under sections 323, 504, 506, 452, 354 IPC, police station Harpur Budahat, district Gorakhpur, pending in the court of Judicial Magistrate Gorakhpur shall be disposed of on the same day 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 dismissed.
Order Date :- 22.1.2010 MTA