Ram Chandra Yadav v. State of U.P.

Court No. - 77 Case :- APPLICATION U/S 482 No. - 32465 of 2024 Applicant :- Ram Chandra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raghawendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Azhar Husain Idrisi,J.

1. Learned counsel for the applicant and the learned A.G.A. are present. Perused the record.

1. The instant application under Section 482 Cr.P.C. has been filed with a prayer to decide Case No. 1231 of 2021 arising out of case crime no. 25 of 2019, Ramchandra Vs. Shivshankar and others, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali, District Ballia.

1. Submission of learned counsel for the applicant is that in the aforesaid case without proper investigation the investigating officer submitted the final report in favour of accused on 9.8.2019. Thereafter the applicant filed protest application before the Chief Judicial Magistrate, Ballia. By order dated 24.2.2021 learned Chief Judicial Magistrate, Ballia rejected the final report and treated the protest application as a complaint.

1. It is further submitted that statement of the applicant was recorded under Section 200 Cr.P.C. on 24.8.2021. The statements of Gopal Pathak and Ram Chhabila under Section 202 have been recorded on 24.2.2022 and 29.6.2022 respectively. It is next submitted that thereafter the trial court fixed the date for rest evidence under Section 202 Cr.P.C. and for summoning the accused. It is also submitted that since then no argument has been heard and order under Section 203 Cr.P.C. and 204 Cr.P.C. has not been passed.

1. In view of the above, let a report be called for from the learned Chief Judicial Magistrate, Ballia with regard to current status of the aforesaid case.