Neutral Citation No. - 2025:AHC:25681 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 1131 of 2025 Applicant :- Ankita Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ajeet Kumar Mishra, Advocate, holding brief of Mr. Satya Prakash Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Ankita Verma, who is first informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed this Hon'ble Court may graciously be that pleased to allow the present application and learned Additional Civil Judge (S.D.)-II/F.T.C., Basti may be directed to conclude the proceedings of Final Report No. 367 of 2023 (Ankita Verma Versus Vinas Jaiswal) arising out of Case Crime NO. 151 of 2023 under Section 376D, 377, 452, 323, 354A, 504, 506 of I.P.C., Police Station- Munderawa, District Basti, pending before Court of Additional Civil Judge (S.D.)- II/F.T.C., Basti, expeditiously within stipulated period as fixed by this Hon'ble Court, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. for State-opposite party-1 has raised a preliminary objection by contending that initially the Investigating Officer had submitted the final report bearing No. 367 of 2023 dated 11.07.2023 in terms of Section 173(2) Cr.P.C. 5. Feeling aggrieved by the aforementioned final report/police report, applicant filed a protest petition against the same. It is apposite to mention here that under the Code i.e. Cr.P.C. there is no provision which enables the first informant opposite party-2 to file a protest petition against the 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, 6. Learned A.G.A. then contends that the Jurisdictional Magistrate considered the said protest petition filed by applicant to the aforementioned police report in exercise of jurisdiction under Section 190(1)(b) Cr.P.C. However, upon appraisal and appreciation of record, the Jurisdictional Magistrate came to the conclusion that final report/police report is not liable to be accepted. He, accordingly, allowed the protest petition and rejected the final report/police report, vide order dated 02.11.2023. 7. Subsequent to above, Investigating Officer further investigated the matter and again submitted the final report/police report, which fact is clearly evident from the order dated 18.01.2024, as per the order sheet, which is on record at page 61 of the paper book. On the above premise, the learned A.G.A. submits that the prayer prayed for by means of present application is misconceived. Consequently, present application is liable to be dismissed. For ready reference, the order dated 18.01.2024 is extracted herein below:- "18.01.2024 आज पपश हहआ। पपरर मम पपषषत अषतम ररपपरर कक समररन करतप हहए षररपचक दकरक पपनन अषतम ररपपरर पपषषत षकयक गयक। पपरपसर पक0 पत पसतपत सपनरकई हपतप षनयत षतथर कप पपश हप।" 8. When confronted with above, the learned counsel for applicant could not over come the same. 9. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 10. As a result, the present application fails and is liable to be dismissed. 11. It is, accordingly, dismissed. Order Date :- 18.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad