Court No. - 83
Case :- APPLICATION U/S 482 No. - 10343 of 2021 Applicant :- Vinod Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ruduvant Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Yogesh Kumar Tiwari, Advocate, holding brief of Mr. Ruduvant Pratap Singh, learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed for a direction to Chief Judicial Magistrate, Saharanpur to decide Misc. Case No. 1170 of 2018 in Case Crime No. 452/2017 (State Vs. S.K. Arora and others), under Sections 420, 467, 468, 409, 471, 120-B IPC, Police Station Fatehpur, District Saharanpur, F.R. No. 27/18, dated 11.4.2018 within a stipulated period fixed by this Court.
Record shows that in respect of incidents, which are alleged to have occurred from 21.1.2013 to 30.11.2013, a delayed F.I.R. dated 31.12.2017 was lodged by applicant Vinod Kumar and was registered as Case Crime No. 452/2017, under Sections 420, 467, 468, 409, 471, 120-B IPC, Police Station Fatehpur, District Saharanpur. In the aforesaid F.I.R., four persons namely S.K. Arora, Ashwani Kumar Agrawal, Debt Officer of Punjab National Bank, Branch Fatehpur, Saharanpur and Officers and employees of Punjab Nation Bank, Branch Fatehpur, Saharanpur have been nominated as named accused. After registration of F.I.R., police proceeded with statutory investigation of above mentioned case crime number and consequently submitted a police report dated 10.4.2018 in terms of Section 173 (2) Cr. P. C.
Feeling aggrieved by aforesaid police report, applicant who is first informant of above mentioned case crime number, filed a Protest Petition. Learned counsel for applicant contends that grievance of applicant is that in spite of the fact that a period of more than 3 years has rolled by, Protest Petition filed by applicant has not been decided yet.
Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of record, this Court finds that no useful purpose shall be served by keeping this application pending.
In view of above, present application is disposed of finally with a direction to Chief Judicial Magistrate, Saharanpur, to decide Misc. Case No. 1170 of 2018 in Case Crime No. 452/2017 (State Vs. S.K. Arora and others), under Sections 420, 467, 468, 409, 471, 120-B IPC, Police Station Fatehpur, District Saharanpur, F.R. No. 27/18, dated 11.4.2018, with all expedition, without granting any unnecessary adjournment to either of the parties within a period of three months from the date of production of a certified/computer generated copy of this order which shall be filed by applicant before Court below by means of a notary affidavit.
Order Date :- 30.7.2021 HSM