Court No. - 44
Case :- APPLICATION U/S 482 No. - 28668 of 2018 Applicant :- Smt. Seema Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Raj Kumar Singh, 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 a direction to the Additional Chief Judicial Magistrate Court No. 10, District Basti (Smt. Seema Devi Vs. Ram Kumar and another) to decide the Complaint Case No. 248/2018 arising out of Misc. Case No. 498/12/17 under section 156 (3) Cr. P. C. P.S. Prasurampur, District Basti within stipulated period of time as fixed by this Court.
From the record, it appears that the Magistrate passed an order dated 22.01.2018 whereby the application under section 156 (3) Cr. P. C. filed by the applicant was treated as a complaint. However, inspite of the expiry of a period of more than 7 months from the date of passing of the order dated 22.1.2018, the statement of the complainant has not been recorded in terms of section 200 Cr. P. C. Consequently, the statement of the witnesses have also not been recorded.
Considering the facts and circumstances of the case, it is hereby directed that the Court below shall proceed to undertake the necessary enquiry in terms of sections 200 and 202 Cr. P. C. within a period of two months from the date of production of a certified copy of this order.
With the aforesaid directions, the present application stands finally disposed of.
Order Date :- 6.9.2018 HSM