Court No. - 53
Case :- APPLICATION U/S 482 No. - 19175 of 2018 Applicant :- Hiralal Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Devi Prasad Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Devi Prasad Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash Final Report No.131 of 2018 submitted by the Investigating Officer in Case Crime No.0839 of 2017 (State Vs. Vipin Kumar & Ors.), under Sections 498A, 304B IPC and 3/4 DP Act, PS Kotwali, District Fatehpur pending in the Court of Chief Judicial Magistrate, Fatehpur.
It is has further been prayed that the Police Authorities may be directed to re-investigate the matter in accordance with law. There is a further prayer to direct the court below to dispose of FR No.131 of 2018 submitted by the Investigating Officer in the present crime.
It is submitted that the applicant is the informant of the crime and FR submitted by the police is pending before the Magistrate where no orders are being passed.
Looking to the aforesaid facts and circumstance of the case, the other prayers cannot be granted. However, so far as the relief sought as regards disposal of the FR is concerned the applicant is certainly entitled to have the final report disposed of and also file a protest in opposition to the FR before it is decided.
In case the applicant so desires he may file a protest in opposition to the FR on whatever ground he seeks to assail the same and the Magistrate is directed to dispose of FR No.131 of 2018 in Case Crime No.0839 of 2017 (State Vs. Vipin Kumar & Ors.), under Sections 498A, 304B IPC and 3/4 DP Act, PS Kotwali, District Fatehpur pending in the Court of Chief Judicial Magistrate, Fatehpur within a period of two months thereafter.
With the aforesaid directions this application is disposed of.
Order Date :- 29.5.2018 Shahroz