Court No. - 50
Case :- APPLICATION U/S 482 No. - 4355 of 2003 Applicant :- Rafi Khan And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- N.K. Singh Counsel for Opposite Party :- Govt. Advocate,Ajay Kumar Srivastava
Hon'ble Ravindra Nath Kakkar,J.
This case has been taken in the revised call.
Learned counsel Sri N.K. Singh appearing on behalf of the applicants as well as Sri Ajay Kumar Srivastava appearing for the opposite party are not present to address the Court.
Heard learned A.G.A. and perused the record.
This application has been filed u/s 482 Cr.P.C. with a prayer to quash the order dated 2.5.2003 passed by Additional Sessions Judge/ Special Judge (D.A.A.), Farrukhabad in Criminal revision No. 47/11/99 (Eijaz Hasan Vs. State of U.P. with a further prayer to stay the proceedings of the above mentioned case.
From the perusal of the record it appears that the FIR of the present case has been lodged on 30.09.1999 as Case Crime No. 307 of 1999, under sections 395, 397, 307, 506 IPC, police station Kamalganj, District Farrukhabad. In the present case Investigating Officer on the same day submitted the final report and same was accepted by the learned Magistrate on 7.2.2000. The order dated 7.2.2000 passed by the learned Magistrate, Farrukhabad has been challenged by way of filing the Criminal Revision no. 665 of 2000 and this court quashed the order passed by the learned Magistrate vide order dated 17.09.2000 with a direction to the court below to consider the protest petition after seeing the record. Thereafter learned court below without considering the record and without recording the statement under section 200 and 202(2) Cr.P.C. summoned the applicants on 2.5.2003.
After hearing learned A.G.A., and perusing the orders impugned as well as the averments contained in the present application, this Court is of the opinion that the purpose of filing this application has become infructuous. Moreso, learned counsel for the parties are not present.
Considering the same, the application is dismissed as infructuous as well as for want of prosecution.
Interim order, if any, is hereby discharged.
Order Date :- 24.3.2018 RPD