Court rejected Section 482 application filed by an accused seeking expedited trial. Held that applicant lacked locus standi as the grievance belonged to the informant, making the application inadmissible.
Application under Section 482 Cr.P.C. for expediting proceedings was dismissed.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 16712 of 2020
Applicant :- Kirtiram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uttar Kumar Goswami Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to direct the Chief Judicial Magistrate, Agra to decide the Case Crime No. 121/2018 (Deep Chand versus Nakasi), under Section 66 of the Information Technology (Amendment) Act, 2000 and Section 420 IPC, Police Station Pinahat, District Agra.
Learned counsel for the applicant Kirtiram admits that applicant is accused in the first information report, which is Annexure-1 and in that case crime, final report has been submitted by the police, which is Annexure-2.
From the perusal of copy of final report, it is found that same has been registered as misc. case by the Chief Judicial Magistrate, Agra.
Learned AGA opposed this application.
Admittedly, the applicant is accused and he has no locus standi to expedite the proceedings pending before the Court concerned. For the same, only grievance is of the informant. As such, Application under Section 482 Cr.P.C. to expdite the matter before the Court concerned is also not liable to be accepted, the same is rejected accordingly.
The application is dismissed accordingly.
Order Date :- 20.11.2020 Ravi Prakash
1 issue framed by the court
Whether an accused person has locus standi to file an application under Section 482 Cr.P.C. to expedite proceedings in a police case where the final report was registered as a miscellaneous case.
1 provisions across 1 enactments
Kirtiram
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
