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ATAR SINGH versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Atar Singh v. State Of U.P. & Another - APPLICATION U/s 482 No. 4753 of 2006 [2006] RD-AH 9284 (10 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 45

Criminal Misc. Application No. 4753 of 2006

Atar Singh Vs. State of U.P. and others

Hon'ble Ravindra Singh,J.

This application has been filed by the applicant Atar Singh with a prayer that a suitable direction may be issued to the C.J.M. Etawah to pass  an appropriate order on the police report (final report no. 31 of 203) dated 14.1.2003 P.S. Bakewar district Etawah.

The facts of the case in brief are that an F.I.R. was lodged by the applicant on 24.3.2002 at 11.05 a.m. P.S. Bakewar  district Etawah in case crime no. 77 of 2002 under section 302 I.P.C. in respect of the murder of his father Jhoonkoo committed in the night of on 23.3.2002. The F.I.R. was lodged against unknown persons but during investigation the name of  six accused persons came into light and there was sufficient evidence against them, but without doing a fair investigation the  final report dated 14.1.2003  has been submitted by the I.O. in the court of learned C.J.M. Etawah on 29.1.2003. Thereafter, notice has been issued to the applicant from the court of the learned C.J.M. The applicant filed a protest petition and the statement of the applicant was recorded under section 200 Cr.P.C. on 2.8.2004. The statement of the witnesses Desh Deepak Dubey, Dipendra Kumar Bajpayee and Suresh Babu Dubey have been recorded under section 202 Cr.P.C.  on 18.9.2004, 29.9.2004 and 23.3.2005 respectively.

Heard Sri Raj Kumar Misra, learned counsel for the applicant and learned A.G.A. for the State of U.P.  

It is contended by the leaned counsel for the applicant that after recording the statement of the witnesses,  no action has been taken by the  learned C.J.M. Etawah.  The matter is of grave  in nature  punishable under section 302 I.P.C. even then the learned C.J.M. has not passed any order on the final report till today on the protest petition.

It is opposed by the learned A.G.A.by submitting that due to pressure of work the appropriate order has not been passed and there is no undue delay.

Considering the facts  and circumstances of the case and the submission made by the learned counsel for the applicant and the learned A.G.A. from the perusal of record it reveals that in the present case the alleged occurrence has taken place on 23.3.2002, its F.I.R. has been lodged on 24.3.2002 and   the police report( final report ) dated 14.1.2003 has been submitted by the I.O. in the court of the learned C.J.M. in  year  2003 against which   the protest petition has been filed and the statement of the witnesses under section 200 and 202 Cr.P.C. have been recorded by 23.3.2005 even then, no appropriate order has been passed on the 'police report', by the learned C.J.M. Etawah  sometime it happens that under the influence  of the accused  or on some other considerations  a fair investigation is not done and the final report is submitted  and efforts are made to delay the court proceedings of court also. After expiry of such a "long period, in case the cognizance is taken against the accused , the witness may give a second thought to  come forward honestly to  depose the evidence, they may come under the  influence of the accused, in  the changed  circumstance  the confidence  of the witness may be shaken  and some other extraneous consideration may also prevail over the  trial, effecting adversely its  fairness. In such a situation if  the final report  is submitted in the court of  magistrate concerned, a notice should be issued to the first informant,  on the day of filing of  police report,  fixing an early date, for filing the  objection against the final report, such matter should not be kept pending for a long period,  an  appropriate order  must be passed, as soon early as possible, to provide fair and speedy justice  because  the delay defeats equality.

In view of the above discussion, it is directed that the learned C.J.M. Etawah shall pass appropriate order on the police report(Final Report No. 31 of 2003)under section 302 I.P.C. P.S. Bakewar district Etawah within a month from the date of production of a certified copy of this order, in accordance with the provisions of law.

Accordingly this application is allowed.

Dt. 10.5.2006

NA


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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