Court No. - 48
Case :- APPLICATION U/S 482 No. - 33755 of 2018 Applicant :- Janardan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indal Singh,Ram Dulare Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Prayer in this application is for quashing the proceedings of case no. 2221 of 1988 arising out of crime no. 775 of 1986, under Sections 147,148, 149, 323, 452, 353 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali, district Azamgarh. Further prayer has been made to stay the proceedings of the aforesaid case.
Heard learned counsel for the applicant and learned A.G.A.
Vide order dated 31.10.2018 this Court directed the District Judge/Sessions Judge concerned to enquire about anomaly in the order sheet of the lower court but no report is received till date, as is clear from the office report.
In this matter, one FIR was lodged. After investigation final report was submitted on 3.12.1988 which was registered as Misc. Case No. NIL of 1988. Notice was issued to complainant to file protest petition. Perusal of the entire order sheet annexed with the application also reveals that no notice was served upon the complainant. Concerned Magistrate on some occasion issued N.B.W. to accused. Even bailable warrant was also issued to the complainant which cannot be done in the matter. Complainant cannot be compelled to file protest petition. Perusal of the entire order sheet also reveals that no summoning order is passed till date against the applicant rejecting the final report. If such is the position N.B.W. issued against the applicant is illegal.
Thus in view of the aforesaid, effect and operation of the order passed against the applicant is hereby stayed. District Judge concerned is hereby directed to enquire the matter and to submit complete report within a period of one month.
List this matter on 15.3.2019.
Copy of this order be sent to the concerned Sessions Judge within five days through FAX for compliance and for submitting report.
Order Date :- 30.1.2019 Sachdeva