Harikesh Singh vs State Of U.P. And Another
2022 Latest Caselaw 22655 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 20975 of 2022
 

 
Applicant :- Harikesh Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- S.M. Iqbal Hasan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Applicant before this Court was one of named accused in Case No. 08 of 2021 (Prakash Veer vs. Shri Rajroop Singh and others) arising out of F.I.R. No. 232 of 2018, under Section 409 I.P.C., P.S.- Sahpau, District- Hathras wherein after investigation, final report was submitted. Despite notice to complainant, no protest petition was filed, however, learned Magistrate has considered material of case diary and rejected final report by impugned order dated 14.03.2022 and directed for further investigation. This order has been challenged by named accused/applicant.

Sri S.M. Iqbal Hasan, learned counsel for applicant fairly submits that in light of judgment of Supreme Court in Vinubhai Haribhai and others vs. State of Gujarat and another, (2019) 17 SCC 1 that there was no procedural error in not accepting final report and to direct for further investigation, however, he submits that observations made in impugned order are final in nature and it will prejudice applicant's rights.

Per contra, learned A.G.A. Sri Deepak Kapoor submits that applicant has no locus to challenge impugned order whereby final report was rejected with a direction for further investigation as presently there is no adverse order against him.

There is merit in argument of learned A.G.A. that applicant has no locus to challenge impugned order whereby the Magistrate has rejected a final report and direction was passed for further investigation by a reasoned order.

Therefore, this application is rejected being not maintainable at behest of applicant, however, Investigating Officer will comply with direction in letter and spirit and will conduct a fair investigation in above referred case and submit a police report expeditiously.

Order Date :- 22.12.2022

Nirmal Sinha

(29/282 fresh cases)