Court No. - 82
Case :- APPLICATION U/S 482 No. - 4995 of 2020
Applicant :- Khalil Ahmad
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Jai Karan Nath
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the record.
The present application under section 482 Cr.P.C. has been filed
for quashing the impugned order dated 16.7.2019 passed by
Judicial Magistrate, Thakurdwar, District Moradabad against
the F.R. Case No. 141 of 2014, Case Crime No. 21 of 2014,
under section 420, 467, 468, 471, 504, 323 IPC, P.S.
Thakurdwara, District Moradabad.
It is contended by the learned counsel for the applicant that the
FIR was lodged with the delay of 7 years. In that case the I.O.
submitted final report on 21.3.2014. Thereafter, the O.P. No. 2
filed a protest petition on 3.9.2015 against final report which
was allowed by the Magistrate concerned vide order dated
16.7.2019 and order for further investigation was passed. It has
further been submitted that the learned Magistrate has not given
the reason and the order of learned Magistrate is not in
accordance with law.
On the other hand; learned A.G.A. argued that at this stage the
learned Magistrate has passed the order for further investigation
in the matter. There is no illegality or irregularity in the
impugned order dated 16.7.2019.
A perusal of the record shows that the I.O. submitted final
report in the matter. Thereafter, the O.P. No. 2 filed a protest
petition. On the protest petition of O.P. No. 2 the learned
Magistrate has passed the order for further investigation.
Considering the facts and circumstances of the case, I do not
find any ground to quash the impugned order dated 16.7.2019
passed in the aforementioned case, therefore, the prayer for
quashing the same is hereby refused and the application U/s 482
Cr.P.C. is dismissed.
Order Date :- 6.2.2020
Masarrat
Neutral Citation No. - 2020:AHC:22774