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Neutral Citation No. - 2025:AHC:22262 Court No. - 76 Case :- APPLICATION U/S 482 No. - 21832 of 2024 Applicant :- Shivram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwan Saifullah Khan,Rajesh Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the learned Judicial Magistrate, Gautam Buddh Nagar to accept the final report dated 03.10.2020, filed by the Investigating Officer in Case Crime No.855 of 2018, under Sections 447, 120-B, 420 IPC and Section 3/4 Prevention of Damages to Public Property Act, 1984, within stipulated time.
3. Learned counsel for the applicant submits that the FIR was registered against the applicant on 22.09.2018 and Final Report was filed by the Investigating Officer on 03.10.2020. The final report was submitted before the learned Magistrate on 02.11.2020 which was registered as Misc. Case No.192 of 2020 and notices were issued to the opposite party no.2 on different dates. The opposite party no.2 has put his appearance on 11.08.2023 and no protest petition was filed and the report dated 03.10.2020 is still pending. Therefore, the same may be decided within some specific time frame.
4. After hearing the learned counsel for the applicant and the
learned A.G.A. for the State, and having perused the material available on record, it is an admitted fact that the FIR was registered in the year 2018, and the closure report was filed on 03.10.2020 and since then the proceeding is pending. Therefore, the trial court is hereby directed to decide the proceedings in Case Crime No. 855 of 2018, under Sections 447, 120-B, 420 IPC, and Section 3/4 of the Prevention of Damage to Public Property Act, 1984, expeditiously in accordance with the roster of the Court.
5. With the aforesaid directions, the application is disposed of. Order Date :- 17.2.2025 A. Tripathi Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad