Court No. - 67
Case :- APPLICATION U/S 482 No. - 17090 of 2019 Applicant :- Koushilya Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of the present application, the applicant is assailing the orders dated 08.1.2017 and 15.03.2019 by which applicant;s protest petition was rejected and final report was accepted by the court concerned.
Submission made by the counsel that the applicant is informant of the case in case crime no. 148 of 2017 under Sections 323, 504, 506 and 376 IPC and Section 3(2)(v) SC/ST Act, P.S. Paniara, District Maharajganj pending in the court of Additional Sessions Judge/ Fast Track Court No.1, Maharajganj against Sheshpal. There is injury report of the informant and 164 Cr.P.C. statement annexed as Annexure-5 to the affidavit, in which she has supported the prosecution version mentioned in the FIR. Ignoring all these, police after apply partisan approach has submitted FR against opposite party no.2. The said closure report was challenged by filing PROTEST PETITION as FR Case No. 144 of 2017, filed on 27.06.2017.
In the FR case 17.10.2017 was date fixed. Submitted by the counsel that after conducting some manipulation in the order sheet the date was preponed from 18.11.2017 to 08.11.2017, without any information to the applicant. Suddenly in the absence of the applicant, the concerned Magistrate erroneously have accepted the FINAL REPORT and initiated a proceedings under Section 182 IPC against the applicant.
I have considered both the orders dated 08.11.2017 and 15.03.2019 and it is evidence from the record that there is manipulation in the order sheet and the court concerned has wrongly accepted the FR. Not only the reasoning adopted by the learned Additional Sessions Judge on 15.03.2019 is too flimsy and superfluous. Under the circumstances, I have got no hesitation in setting aside the orders dated 08.11.2017 and 15.03.2019 respectively and the matter is remanded back for reconsideration of the entire matter in the light of the protest petition and after taking into account the material collected by the police during investigation objectively and pass appropriate order strictly in accordance with law by a well reasoned and speaking order within a period of eight weeks from today.
With the aforesaid observation, the application is disposed of.
Order Date :- 30.4.2019 Abhishek Sri.