Court No. - 79
Case :- APPLICATION U/S 482 No. - 4660 of 2021 Applicant :- Mahesh Dutt Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Deepak Kumar Pandey
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned counsel for the private respondent and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the order dated 5.10.2020 passed by the Additional District and Sessions Judge, Court No. 737 of 2020, arising out of Case Crime No. 458 of 2019, under Sections 498- A, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Nauchandi, District Meerut.
Learned counsel for the applicant has submitted that F.I.R. No. 458 of 2019 was lodged on 21.6.2020, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act by the applicant against the private respondents. Thereafter on the application of the applicant under Section 173(8) Cr.P.C., Additional Director General of Police, Meerut Zone, Meerut, passed an order for transferring the investigation of the case to District Gautam Budh Nagar on 4.1.2020. In pursuance of the aforesaid order, S.S.P., Gautam Budh Nagar also issued order dated 4.1.2020 directing the S.O. of P.S. Badalpur, Gautam Budh Nagar for procuring the relevant case diary and proceed in accordance with law.
In the meantime, investigation was concluded by the Investigating Officer of P.S. Nauchandi, District Meerut and charge sheet was prepared on 10.1.2020 and it was filed in the concerned court but in pursuance of the order of Additional Director General of Police, Meerut Zone Meerut, an application was moved before the A.C.J.M. Court No. 1 and asked relevant case diary for further investigation which was allowed on 5.10.2020 and the concerning clerk was directed to handover the relevant documents to the Investigating Officer after keeping the photocopy of the same. Thereafter the present application was filed by the applicant in the month of February, 2021 before this Court and requested that the trial be concluded on the basis of charge sheet dated 10.1.2020 filed by the Investigating Officer of P.S. Nauchandi, Meerut.
At this stage, learned counsel for the applicant requested for withdrawal of the present application.
Accordingly, prayer is allowed.
S.S.P., Gautam Budh Nagar is directed to issue necessary direction for completion of further investigating of Case Crime No. 458 of 2019, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Nauchandi, Meerut within a period of four months from today.
Accordingly, the present application is disposed of.
However, it is made clear that the court below will not proceed further on the basis of charge sheet dated 10.1.2020 filed in the case in question.
Office is directed to communicate this order to the S.S.P., Gautam Budh Nagar as well as S.S.P., Meerut for necessary compliance forthwith.
Order Date :- 22.12.2021 A.P. Pandey