Shadab v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 40689 of 2023 Applicant :- Shadab Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Harsh Gopal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Complaint Case No.22962 of 2022 (Shadab Vs. State of U.P. & others ), arising out of Final Report No.33 of 2019 dated

21.07.2019, under Sections-120B, 420, 465, 467, 468, 471 I.P.C., Police Station-Nakud, District-Saharanpur, pending before the court of Chief Judicial Magistrate, Saharanpur.

¶3Learned counsel for the applicant submits that the applicant lodged FIR against the opposite party nos.2 & 3. Investigating Officer submitted final report and thereafter applicant filed protest application. Learned magistrate set aside the final report and treated protest application as complaint and directed the applicant to appear and record statement under sections 200 & 202 Cr.P.C. Learned counsel for the applicant submits that since 23.03.2023, no summon has been issued to accused persons and case is listed for summoning accused persons. Court is not taking interest to summon the accused persons.

¶4Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to summon the accused persons preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 14.12.2023 SKD High Court of Judicature at Allahabad