Court No. - 44
Case :- APPLICATION U/S 482 No. - 27727 of 2018 Applicant :- Rajnesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jata Shankar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Jata Shankar Pandey, learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for the following relief:
"It is, therefore, most respectfully prayed that this Hon'ble may graciously be pleased to allow this application, direct the Learned Court below i.e. Learned Additional Chief Judicial Magistrate, Court No.7, Ghaziabad to proceed expeditiously in case no. 1546 of 2017 (Rajnesh Kumar Versus Surendra Chaudhary and another) under sections 420, 467, 471, 504 and 506 I.P.C. of Police Station Kotwali, Ghaziabad during the pendency of this application before this Hon'ble Court otherwise the applicant shall suffer irreparable loss and injury which can not be compensated in terms of money and/or pass such other and further suitable order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
From the record, it appears that a first information report dated 23.08.2014, which was registered as Case Crime No.461 of 2014, under sections 420, 467,468, 471, 504 and 506 I.P.C., Police Station Kotwali, District-Ghaziabad was lodged by the applicant. The matter was investigated by the police of concerned police station. Upon completion of the investigation, the Investigating Officer submitted final report dated 04.09.2015. Against this final report, the applicant filed a protest petition, which came up for consideration before the court below. The Additional Chief Judicial, Magistrate, Court no.7 by means of the order dated 19.08.2017 directed that the protest petition filed by the applicant shall be treated as complaint and accordingly be tried as a complaint case. Consequently, 19.08.2017 was the next date fixed for recording the statement of the complainant in terms of Section 200 Cr.P.C. The grievance of the applicant is that even though a period of more than one year has been expired since the date of passing of the order dated 19.08.2017, the statement of complainant in terms of Section 200 Cr.P.C. and that of his witnesses in terms of Section 202 Cr.P.C. has not been recorded till date.
In view of the aforesaid circumstances, learned counsel for the applicant submits that a direction be issued to the court below to expedite the proceedings of the above mentioned complaint case.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and considering the facts and circumstances of the case as noted herein above, it is hereby directed that the court below shall complete the enquiry in terms of the Sections 200 and 202 Cr.P.C. within a period of three months from the date of production of a certified copy of this order.
With the aforesaid directions, this application stands finally disposed of.
Order Date :- 20.8.2018 YK