Single Judge rejected applicant's Section 482 Cr.P.C. application seeking to set aside Final Report accepted by lower court. Court noted lower magistrate found no evidence after scrutiny. Application dismissed as bereft of merit where applicant could not point to any evidence in protest petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 43590 of 2019
Applicant :- Ramveer Singh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Yogendra Misra,Brijesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Yogendra Misra and Sri Brijesh Kumar Singh, learned counsel for the applicant as well as the learned A.G.A. and perused the material placed on record.
The applicant, by way of filing the present application, has sought for setting aside the order dated 06.01.2015 passed by Additional Chief Judicial Magistrate, Hapur, Ghaziabad whereby final report no. 11 of 2014 dated 24.11.2014 has been accepted in Case Crime No.492A of 2013 (Ramveer Versus Sataveer alias Kaluwa and others) under Section 364 I.P.C. Police Station Pilkhua, District Hapur.
The brief background of the case is that F.I.R. was lodged by the applicant by moving an application under Section 156(3) Cr.P.C. alleging that his grand daughter aged about 17 years, Km.Jyoti has left her parental home with her lover and since then her whereabouts are not traceable. The said F.I.R. has been lodged on 11.12.2013. The investigation in the said case was also conducted. Since the Investigating Officer could not collect any evidence, final report was submitted against which protest petition was filed by the applicant. Even in the protest petition, he could not point out any evidence or material collected by the I.O. on the basis of which, prima facie, involvement of the opposite party nos. 2 to 7 is disclosed.
I have gone through the impugned order passed by the court below. The learned Magistrate, after proper scrutiny of entire case diary, found that there is absolutely no evidence collected during the investigation and he rejected the protest petition while accepting the final report.
In view of above, the application under Section 482 Cr.P.C. is bereft of merit and it is,accordingly, dismissed.
Order Date :- 6.12.2019 MN/-
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. to set aside the acceptance of a final report by the lower court, based on lack of evidence, has merit when the applicant failed to point out any mater
Whether the lower court correctly relied on the absence of evidence collected during investigation to accept the final report and reject the applicant's protest petition.
3 provisions across 2 enactments
Ramveer Singh
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
