Neutral Citation No. - 2025:AHC:85750 Court No. - 87 Case :- APPLICATION U/S 482 No. - 34715 of 2024 Applicant :- Virendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant, Sri Shashi Dhar Pandey, learned A.G.A. for the State, and perused the record. 2. The instant application has been filed seeking quashing of the impugned order dated 19-07-2024 passed in Misc. Case No. 23 of 2015, under Sections 409, 419, 420 IPC, P.S. Deokati, district Ballia on the application under Section 173(8) Cr.P.C. 3. It is contended by the learned counsel for the applicant that the applicant, being a responsible citizen and a social worker, had repeatedly brought to light serious irregularities committed by certain educational institutions in District Ballia, which were allegedly receiving public funds in violation of government norms. Despite specific directions issued by this Hon'ble Court in Writ Petition No. 45110 of 2012 and Writ Petition (P.I.L.) No. 40825 of 2013, the authorities failed to take any effective action. Even after a further order was passed in Writ Petition (P.I.L.) No. 8959 of 2015, directing a conclusive enquiry within two months, the concerned officers failed to take any meaningful steps. Though an F.I.R. was ultimately lodged upon findings of embezzlement, the subsequent investigation was carried out in a careless and incomplete manner. 4. It is further submitted that the Investigating Officer, without properly examining the documentary evidence available with the concerned education and welfare departments, hastily submitted a final report based solely on statements taken from interested parties. Aggrieved by such a superficial and inadequate investigation, the applicant filed a protest petition under Section 173(8) Cr.P.C., pointing out material lapses in the investigation. However, the learned Additional Chief Judicial Magistrate-II, Ballia, rejected the protest petition and treated it as a complaint case vide order dated 19.07.2024, without adequately considering the grounds raised therein. It is submitted that the impugned order is unjust and deserves to be set aside in the interest of justice. 5. Per contra, learned A.G.A. has submitted that the learned Magistrate has passed the impugned order after due consideration of all relevant facts and materials on record and that no illegality or perversity exists so as to warrant interference by this Court in the exercise of its inherent jurisdiction under Section 482 Cr.P.C. 6. Heard learned counsel for the parties and perused the record. 7. From the perusal of the order dated 19.07.2024 passed by the learned Additional Chief Judicial Magistrate-II, Ballia, it is evident that the police papers, case diary, First Information Report (F.I.R.), and statements recorded therein were duly examined. The Court has also taken note of the specific allegations made in paragraph 2 of the protest petition, wherein the applicant alleged that the Investigating Officer, being influenced by the informant named in the F.I.R., conducted a biased investigation with an intent to grant undue benefit to the accused persons, and submitted a final report in a mechanical and superficial manner. Allegations were also made regarding failure to collect relevant evidence and improper recording of statements. 8. In the light of such allegations, the learned Magistrate has rightly observed that it would not be in the interest of justice to direct re-investigation by the same Investigating Officer. Since the applicant was already well aware of the facts, the Court found it appropriate to treat the protest petition as a complaint case and to reject the Final Report accordingly. 9. This Court finds no illegality, irregularity, or perversity in the impugned order passed by the learned court below so as to warrant interference under Section 482 Cr.P.C. 10. Accordingly, the present application lacks merit and is, hereby, dismissed. Order Date :- 21.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad