Court No. - 90
Case :- APPLICATION U/S 482 No. - 25172 of 2007 Applicant :- Radhey Shyam Opposite Party :- State of U.P. and Others Counsel for Applicant :- B.P. Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sameer Jain,J.
Heard Sri B.P.Mishra, learned counsel for the applicant and the learned AGA for the State.
It is a matter of 2007. Although the record of the case reveals that earlier on 10.10.2007 the case was heard and the order was reserved by Hon'ble Vinod Prasad,J., but it appears that the case could not be decided. The order dated 12.12.2008 shows that the matter was again directed to be listed for further hearing on 13.1.2009 but inspite of the order dated 12.12.2008 the case was not listed again. The notices were also not issued to opposite party nos. 2 to 9.
Since the matter is of 2007 and more than 14 years have passed, therefore, there is no need to issue notice to the said opposite parties.
By way of instant application under 482 Cr.P.C. the applicant challenged the order dated 26.6.2007 passed by the Additional Chief Judicial Magistrate, Gyanpur Bhadohi by which the application of the applicant under Section 156(3) Cr.P.C. was dismissed.
I have perused the impugned order dated 26.6.2007 along with the record of the case.
It is very specifically observed by the court below that the matter is of purely civil nature and, therefore, it is not desirable to pass any order under Section 156(3) Cr.P.C.
Since the matter is of the year 2007, therefore, now a fresh direction under Section 156(3) for lodging of the FIR could not be given.
In view thereof, the instant application under Section 482 Cr.P.C. is dismissed.
Order Date :- 27.10.2021 SKM