Court No. - 48
Case :- APPLICATION U/S 482 No. - 4536 of 2019 Applicant :- Vimlesh Kumari And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned order dated 01.12.2018 as well as entire proceeding of Complaint Case No. 27 of 2018 passed by IIIrd Additional Sessions Judge / Special Judge (D.A.A.), Mainpuri, under Sections 395, 397 IPC, Police Station Kotwali, District Mainpuri pending in the court of Special Session Judge (D.A.A.), Mainpuri.
It is submitted by learned counsel for the applicants that one FIR had already been lodged by the applicants against Mulayam Singh and Ajay Pal, which was investigated and charge sheet was submitted. In the present matter, FIR lodged by opposite party no. 2 was also investigated but final report was submitted. Protest petition was filed by the opposite party no. 2, which was treated as complaint vide the impugned order. It is next contended that FIR is lodged belatedly after a gap of about two years, showing the same date of offence. Order passed by the concerned Magistrate treating the protest petition as complaint is illegal.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case, hearing the parties and going through the observations recorded by the court below in the impugned order dated 01.12.2018, no illegality or infirmity is found. Protest petition was filed on final report. Concerned Magistrate rejected the final report treating the protest petition as complaint, statement under Sections 200 & 202 Cr.P.C. are still to be recorded, applicants are prospective accused, no summoning order is passed against them, therefore, no illegality or infirmity is found in the impugned order. Grounds taken in the application are not sufficient to allow the application.
Accordingly, the present application is dismissed.
Order Date :- 26.2.2019//Sanjeet