Court No. - 49
Case :- APPLICATION U/S 482 No. - 9771 of 2018 Applicant :- Adya Rai Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below to decide the applicant's protest petition dated 23.09.2016 against the final report no. 86 of 2015 dated 07.12.2015 submitted by the police in Case Crime No. 350 of 2015, under Sections- 419, 420, 467, 468, 471 I.P.C., Police Station- Patherwa, District- Kushinagar, pending before the learned Judicial Magistrate, Kasya, Kushinagar.
Learned counsel for the applicant submits that the applicant had lodged an FIR against the opposite party nos. 2 and 3 on 26.03.2015 wherein the police authorities had wrongly submitted the final report. The applicant therefore filed protest petition on 23.09.2016 which has remained pending for more than 1 and a half year.
Considering the fact that the applicant's protest petition has remained pending since 1 and half year and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 27.3.2018 A. Singh