Neutral Citation No. - 2025:AHC:11815 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40759 of 2024 Applicant :- Manjeet Tanwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Singh,Shobhit Pratap Singh,Vineet Vikram Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shobhit Pratap Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Manjeet Tanwar, who is a named and charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. for a direction to Court below to decide Misc. Case No. 728 of 2020, arising out of Case Crime No. 640 of 2019 under Section 376 I.P.C. Police Station Kotwali, District Mathura, within a stipulated period fixed by this Court. 4. Record shows that in respect of an incident, which is alleged to have occurred in between 01.12.2018 to 13.08.2019, a delayed FIR dated 28.08.2019 was lodged by prosecutrix/first informant/opposite party-2 and was registered as Case Crime No. 640 of 2019 under Section 376 I.P.C. Police Station Kotwali, District Mathura. In the aforesaid FIR, applicant has been nominated as solitary named accused. 5. After aforementioned FIR was lodged, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter-XII Cr.P.C. During course of investigation. Investigating Officer examined first informant and other witnesses under Section 161 Cr.P.C. On the basis of above and other material collected by him, during course of investigation, he came to the conclusion that no offence as complained of is established against named accused. He accordingly opined to submit the final report. Resultantly, Investigating Officer submitted the final report/police report dated 26.01.2020 in terms of Section 173(2) Cr.P.C. As such, Misc. Case No. 728 of 2020, arising out of Case Crime No. 640 of 2019 under Section 376 I.P.C. Police Station Kotwali, District Mathura came to be registered. 6. Learned counsel for applicant contends that under the Code i.e. Cr.P.C. there is no right with informant to lodge a protest petition against police report. However, the said right is now available to the first informant by reason of the judgment of Supreme Court in Bhagwant Singh Vs. Commissioner of Police And Another, (1985) 2 SCC 537. As such, a right has now accrued to the first informant to file her protest against police report submitted by Investigating Officer. However, inspite of the fact that period of more than 4 years has rolled by no protest petition has been filed by first informant/prosecutrix to the same. Applicant has already appointed as Security Officer in Central Bank of India but his appointment is subject to the proceedings of above-mentioned misc. case. On the above premise, it is thus urged by the leaned counsel for applicant that interest of justice shall be served in case, a direction is issued by this Court to Court below to decide aforementioned misc. case with all expedition within a time period fixed by this Court. 7. Per contra, the learned A.G.A. for State-opposite party-1 has opposed the present application. However, he could not dislodge the factual and legal submissions urged by the learned counsel for applicant, with reference to the record at this stage. 8. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending. 9. Accordingly, this application is disposed off finally with a direction to Court concerned to decide Misc. Case No. 728 of 2020, arising out of Case Crime No. 640 of 2019 under Section 376 I.P.C. Police Station Kotwali, District Mathura with all expedition as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order. Order Date :- 23.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad