This application under Section 482 Cr.P.C. has been filed seeking the quashing of entire proceeding of Case No.777 of 1991 (arising out of Case Crime No.203 of 1991), under Sections 323, 325, 504 and 506 IPC, P.S. Jalaun, District Jalaun as well as the order dated 16.02.2008, pending before the Judicial Magistrate Jalaun. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard Sri Kamal Krishna, learned Senior Advocate, appearing on behalf of applicant along with Sri Ghan Shyam Das and learned AGA for State.
Learned Senior Counsel for the applicant has argued that on the date of occurrence the applicant was not present at the place of occurrence but he was at delhi on the date of occurrence. He has further drawn the attention of this Court on the various orders dated 28.10.1991, 14.3.1997, and 15,4.2005 by the Court. Learned Senior Counsel for the applicant further pointed out that the police report after further investigation was submitted, he approached to the Trial Court by filling a application dated 30.4.2007 which is annexed as Annexure 10 in support of this application, wherein he stated that on the basis of the above mentioned report the proceedings against him be quashed. The learned Senior Counsel for the applicant further submits that this application remained undecided till date.
Meanwhile, due to none appearance N.B.W. has been issued against the applicant. The learned Senior Counsel for the applicant has not able to show as to why the applicant was not appeared before the Trial Court.
In the interest of justice, this Court is of the view that once a final report has been submitted after investigation and there is an application on record, the application should be decided. Without expressing any comment on merit, it is directed that the Judicial Magistrate, Jalaun may decide the aforesaid application as expeditiously preferably within a period of four weeks.
The learned Senior Counsel for the applicant also submits that there is prima facie evidence that he was not present at the place of occurrence therefore he may be protected.
In view of the above, the N.B.W. which has been issued on 21.12.2018 be kept in abeyance for two weeks from today. Meanwhile, the applicant may file an appropriate applicant, in case, such application is filed by the applicant that shall be decided in accordance with law and in case such, application is not filed within the aforesaid period the Judicial Magistrate concern is at liberty to take an appropriate action against the applicant.
With the aforesaid, the application stands disposed of.
Order Date :- 22.2.2019 Neeraj