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.
Learned counsel for the applicants submitted that the applicants, being law abiding citizens, want to appear before the courts below and to seek bail, therefore, they may be provided some interim protection.
It is, therefore, provided that if the applicants namely Mohd. Riyaz, Tausif, Kamal and Arif appear before the courts below and apply for bail within one month from today, their bail prayer in Criminal Case No. 4294 of 2009 arising out Case Crime No. 544 of 2009 under sections 323, 504 and 506 IPC and 3(1)(X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, P.S. Kotwali Fatehgarh, District Farrukhabad pending in the court of the Chief Judicial Magistrate, Farrukhabad shall be considered and disposed of by the courts below on the same day in the case of Lal Kamlendra Pratap Singh v State of U.P. & others [(2009) 4 SCC 437].
During the aforesaid period of one month, the applicants shall not be arrested.
With the aforesaid observations, the petition under section 482 CrPC is disposed Order Date :- 2.4.2010 shailesh