Citation : 2025 Latest Caselaw 1354 UK
Judgement Date : 29 July, 2025
2025:UHC:6592
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Criminal No. 545 of 2025
29th July, 2025
Rajesh Bajpai ............Petitioner
Versus
State of Uttarakhand and others .........Respondents
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Presence:-
Mr. Viplav Sharma, Advocate for the petitioner, through video
conferencing.
Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State.
Mr. Lalit Sharma, Advocate for respondent nos.7 and 8.
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Hon'ble Pankaj Purohit, J.
By means of this writ petition, the petitioner has put to challenge the closure/final report dated 28.02.2025 submitted by the Investigating Agency, after investigation, pursuant to the FIR No.388 of 2023 dated 04.09.2025, under Sections 120-B, 420 and 506 of IPC registered at Police Station Kotwali Dehradun, District Dehradun.
2. It is contended by learned counsel for the petitioner that petitioner has lodged an FIR and after investigation a closure/final report was filed earlier on 04.09.2023.
3. The petitioner/informant filed a protest petition to the closure report dated 04.09.2023. On the said protest petition the learned Chief Judicial Magistrate has rejected the closure/final report filed by the Investigating Officer vide its judgment and order dated 22.11.2024 and directed the Investigating Agency for further investigation in three weeks time. Even after further investigation by the Investigating Agency again the closure/final report dated 28.02.2025 is filed.
2025:UHC:6592
4. It is feeling aggrieved by the said order, the petitioner is before this Court.
5. It is contended by learned counsel for respondent nos.7 and 8 that since closure/final report has been filed by the Investigating Agency, therefore, the petitioner has got remedy to challenge the said closure/final report before the Magistrate, once he receives notice from the court of Magistrate.
6. I find force in the submission made by learned counsel for the respondent nos.7 and 8. After filing of the closure/final report, as per law, again the petitioner- informant would be issued notice by the Court and on having put on such a notice, he has got every opportunity to question the closure/final report. The writ petition cannot be filed against the closure/final report dated 28.02.2025.
7. Accordingly, writ petition stands dismissed.
(Pankaj Purohit, J.) 29.07.2025 SK
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