Kishor Kumar vs State Of U.P. And 2 Others
2016 Latest Caselaw 4857 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 22235 of 2016
 
Applicant :- Kishor Kumar
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Shiva Kant Dubey
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the parties and perused the record.

This application has been moved under section 482 Cr.P.C to set aside the impugned order dated 06.01.2012 passed by Special Jude (Dacoity Affected Area), Court No. 4, District ? Firozabad, in Case No. 216 of 2008, under Section 147, 148, 307, 395 I.P.C - (Kishore Kumar Vs. Ramesh Chandra & others), Police Station South Firozabad, further requested to remand the matter with the direction to decide it afresh.

From the facts it can be said that after the investigation in the instant matter final report was submitted by the Police and a protest petition was moved by the husband of the complainant. It is submitted that prior to the acceptance of final report the husband of the applicant was dead and no notices were issued to the applicant for representing the husband.

By the impugned order final report submitted after investigation was accepted by Court. Prima-facie no illegality or perversity is there and remedy against that can be availed by preferring revision. In the circumstances no interim order is required on application moved under Section 482 Cr.P.C and the same is liable to be dismissed.

The application is dismissed with liberty to file the revision as per law.

Certified copies filed by the applicant with this application may be returned to the applicant.

Order Date :- 03.08.2016.

Vinod.