Heard the learned counsel for the applicants and the learned AGA 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. It is however, provided that the bail prayer of the applicants Mahesh Chand Nagar and Khem Chand in Criminal case no.4190 of 2009 ( State Vs. Khem Chand and others) under sections 420, 467, 468, 471 IPC, police station Lal Kurti district Meerut pending the in the court of Special Chief Judicial Magistrate, Meerut 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 off finally.
Order Date :- 22.1.2010 MTA