Court No. - 55
Case :- APPLICATION U/S 482 No. - 37993 of 2018 Applicant :- Ankit Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present application under Section 482 Cr.P.C. has been filed for setting aside the impugned order dated 06.03.2018 passed by Chief Judicial Magistrate, Saharanpur in Misc. Case No.1664 of 2017, Ankit Sharma vs. Sanjeev Mittal and others arising out of Final Report No.64 of 2017 dated 23.11.2017 submitted in case crime no.20 of 2017, dated 23.11.2017 submitted in case crime no.20 of 2017, under Sections 420, 468 and 471 I.P.C., P.S. Kotwali Nagar, District Saharanpur, Brief facts of the case is that the applicant has lodged a First Information Report on 20.01.2017 as case crime no.20 of 2017, under Sections 420, 468 and 471 I.P.C., P.S. Kotwali Nagar, District Saharanpur alleging therein that the applicant is working as B.E. in a Private Limited Company known as Merck Ltd. Godrej situated at 8th Floor Piroj Shah Nagar, Eastern Express Highway Vikroli (E) Mumbai and the accused persons are also working as H.R.Head, Sales Head Z.S.M. and A.S.M. respectively in the said company and accused Rajiv Mittal and Vinay Pandey have taken the amount of of Rs.1500/- from 1st incentive of the applicant on the pretext that the said amount will be given to higher officers of the company and further the said accused persons have taken the amount of Rs.1500/- and Rs.6000/- from 2nd and 3rd Incentive of the applicant. However, in the meeting of the company the applicant came to know that no such amount has been given to the higher authorities of the company and when the applicant asked about the same from the accused persons then they became annoyed and a false report has been prepared against the applicant and a false and fabricated resignation letter of the applicant has been prepared and submitted to the company on behalf of the applicant and they have succeeded to terminate his services from the said company. After investigation the police has submitted final report on 30.03.2017 and the applicant has submitted its objection against the final report on 25.05.2017. After considering the objection of the applicant the Additional Civil Judge (S.D.) has quashed the final report vide order dated 20.06.2017 and directed to the Station House Officer to submit a report after investigation of the present case and also report to Senior Superintendent of Police Saharanpur.
Learned counsel for the applicant submitted that in compliance of the order dated 20.06.2017 the Investigating Officer has not submitted any report to the court concerned and under the influence of the accused persons the I.O. has closed the investigation on 10.10.2017 and submitted a final report on 23.11.2017. The applicant has again submitted objection/protest petition before the Chief Judicial Magistrate, Saharanpur on 05.01.2018 to quash the final report dated 23.11.2017. After hearing the protest petition the Chief Judicial Magistrate, Saharanpur has passed an order dated 06.03.2018 treating the said case as complaint case and has directed the applicant for recording his statement under Section 200 Cr.P.C. on 16.04.2018.
He further submitted that the C.J.M. has passed the impugned order dated 06.03.2018 ignoring the material aspect of the case and evidence. The C.J.M. concerned while passing the impugned order has not gone through the evidence on record with regard to forgery committed by the Investigating Officer while submitting the final report.
Learned A.G.A. appearing on behalf of the State submitted that court below has rightly treated the case as complaint. There is no illegality in the impugned order.
I have heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The Chief Judicial Magistrate has passed a detail order after considering all the relevant facts and circumstances of the case. I do not find any substantial ground to invoke jurisdiction under Section 482 Cr.P.C..
The application is devoid of merit and is accordingly dismissed.
Order Date :- 29.11.2018 Asha (Chandra Dhari Singh,J.)