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.
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 Ram Kumar Verma, Smt. Pushpa Rani Verma, Guddan, Gunja and Sumit Verma appear before the courts below and apply for bail within one month from today their bail prayer in case no. 1195 of 2009, State vs. Shyam Kumar Verma & others (crime no. 101 of 2009) under sections 498A, 504 and 506 IPC and section 3/4 of the Dowry Prohibition Act, police station Gudamba, district Lucknow, pending in the court of Judicial Magistrate,Court No. 37, Lucknow, shall be considered and disposed of by the courts below on the same day 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 Court or expiry of the aforesaid period of one month, whichever is earlier, the applicants shall not be arrested. With the aforesaid observations, the petition under section 482 CrPC is disposed of.
Order Date :- 10.5.2010 RKSh