Heard learned counsel for the applicant and learned A.G.A. This application has been filed with the prayer to quash the order dated 4.12.09, passed by the learned M.M. IV Kanpur Nagar in Crl. Misc. Case No. 638 of 2004 arising out of police report submitted in NCR No. 152 of 2003, under section 41/102 Cr.P.C. and section 424 IPC, P.S. Chakeri, District Kanpur Nagar.
From the perusal of the impugned order it appears that Smt. Kunti Soni has mortgaged the property as a Bank Guarantee. Her case is still pending. In such circumstances the application filed by the applicant was rejected. The impugned order dated 4.12.09 is not suffering from any illegality or irregularity.
However, it is directed that in case the final report of NCR No. 152 of 2003 is pending, the learned Magistrate concerned shall pass appropriate orders expeditiously in accordance with law.
With this direction, this application is finally disposed of. Order Date :- 25.1.2010 KCS