In this application under Section 482 Cr.P.C. seeking compliance of an order, the applicant approached the High Court. The Court noted an affidavit filed by the Investigating Officer confirming that an FIR had been lodged against 9 persons as directed previously. With the grievance redressed, the Court dismissed the application as infructuous.
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. - 83
Case :- APPLICATION U/S 482 No. - 2049 of 2020
Applicant :- Ramkesh Opposite Party :- State Of U.P. And 9 Ors Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Affidavit of compliance filed by learned AGA on behalf of State which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed by the applicant with a prayer to direct the court below to ensure the compliance of order dated 11.07.2018 passed by Additional Session Judge, Court No. 2, Azamgarh, in Misc. Application No. 27 of 2018 and further direct the court below to proceed against the concerned police officer for non-compliance of order dated 11.07.2018 passed by Additional Session Judge, Court No. 2, Azamgarh.
In pursuance to the order of this Court dated 17.01.2020, the Court has directed the Investigating Officer of the present case to appear in person along with the record to explain his conduct as to why FIR in the present case has not been registered.
In pursuance of the order of this Court, the Investigating Officer was present before the Court on 27.01.2020 and filed an affidavit of compliance, in which he has stated that the first information report against 9 persons has been lodged on 23.01.2020, under sections 147, 323, 504, 506, 427, 447, 166 IPC and Section 3 (1) (Da), 3 (1) (Dha) and 3 (2) (Va) SC/ST Act, which is annexed as annexure CA-2 to the affidavit of compliance.
Since the grievance of the applicant is redressed after lodging the First Information Report, hence the present application under section 482 Cr.P.C. has become infructuous.
Accordingly, the present application under Section 482 Cr.P.C. is dismissed as infructuous.
Certified copy of the relevant documents may be returned to the learned counsel for the applicant as per rule. Order Date :- 28.1.2020 v.k.updh.
Ramkesh
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
