Court No. - 68
Case :- APPLICATION U/S 482 No. - 16108 of 2019 Applicant :- M/S Mega Soft Pvt. Ltd. Through Its Share Holder Opposite Party :- State Of U.P.
Counsel for Applicant :- Pravin Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
The present application under Section 482 Cr.P.C. has been filed for quashing of the order dated 30.01.2019 passed by Chief Judicial Magistrate, Gautam Buddha Nagar in Complaint Case No. 1933 of 2019, Police Station- NOIDA Sector-39, District- Gautam Buddha Nagar. It is further prayed that this Hon'ble Court may be pleased to direct the learned court below to decide the application/protest petition dated 13.09.2018 as fresh in accordance with law.
Learned counsel for the applicant submitted that after conducting the statutory investigation, the police in collusion with the accused persons submitted final report. The applicant has moved a protest petition against the same on 05.08.2017. The learned court below on the protest petition directed further investigation vide order dated 15.01.2018. After the investigation the police has again filed a final report in the matter. Thereafter, the applicant moved second protest petition, on which the court below has issued the summon and has registered the said protest petition as a complaint case vide order dated 30.01.2019. Learned counsel for the applicant submitted that the court below has completely failed to appreciate that the matter requires some independent investigation and the protest petition cannot be treated to be a complaint case. He further submitted that the order impugned has been passed by the court below without applying judicious mind and the order is illegal and contrary to the law established, therefore, the impugned order may be set aside.
Per contra learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the submissions raised on behalf of the applicant and submitted that the police has investigated the matter twice and no case was found against the proposed accused. He further submitted that the present application is nothing but a gross misuse of the process of law, as twice investigation has been done by the investigating authorities and the final reports have been filed twice on the protest. The Magistrate has power to keep a case as complaint case and there is no bar if the Magistrate feel in future that further police investigation is required, he may direct the investigating agency to investigate the matter. He further submitted that there are no illegality committed by the court below, therefore, this court may not interfere in the impugned order in exercise of extraordinary jurisdiction under Article 482 Cr.P.C. and the present application may be dismissed.
I have heard the arguments raised on behalf of the parties and perused the record.
The learned Magistrate, while considering the facts and allegations made in the complaint, police report as well as in the protest petition, has rightly treated the protest petition as a complaint case. The impugned order has been passed by the court below after considering each and every aspects of the matter and the contentions raised on behalf of the applicant, therefore, this Court finds no error apparent on the face of record. No interference is called for by this Court under Section 482 Cr.P.C.. The application being devoid of merit deserves to be dismissed.
Accordingly, the present application is dismissed.
Order Date :- 25.4.2019 Pkb/