Mamchand And 2 Others v. State Of Up And 3 Others

Hon'ble Saurabh Srivastava,J.

Supplementary affidavit preferred on behalf of petitioners is taken on record. Registry is directed to allocate proper number over the same.

Present petition has been preferred with the prayer to direct the learned court of Additional Chief Judicial Magistrate, IInd, Gautam Buddha Nagar to decide the Misc. Case no. 421 of 2021 (Sachin Bhati vs. Mamchand and others) under sections 147, 307, 452, 504 & 506 IPC at Police Station- Surajpur, District Gautam Buddha Nagar within stipulated period which is fixed by this Court.

Learned counsel for the petitioners submitted that FIR was lodged against petitioners and 4 other persons by respondent no. 4 and after completion of investigation, final report has been submitted in favour of petitioners before learned court concerned which has been registered as Misc. Case no. 421 of 2021 but the same is still pending for consideration for acceptance by learned court concerned. Hence, petitioner approached this Court by way of instant petition seeking aforesaid prayer for disposal of Misc. Case no. 421 of 2021.

Per contra, learned AGA vehemently opposed the prayer sought through the instant petition.

After hearing the submissions extended by rival parties and perusing the records, this Court is of the opinion that no prejudice has been caused in favour of the petitioners since being accused, petitioners have already been exonerated in the final report submitted by concerned Investigating Officer after conducting thorough investigation and the report has been submitted under Section 173 Cr.P.C. wherein grievance of the petitioner is only that final report is still pending for consideration for acceptance.

No right vest with the petitioner for insisting, learned court concerned to consider acceptance of final report. The prayer sought through the instant petition is not maintainable and as such the instant petition being devoid of merit stands dismissed. Order Date :- 27.2.2025 Shaswat