Allahabad High Court
Vineet Gupta And 2 Others vs State Of U.P. And Another on 5 August, 2021
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 12280 of 2021 Applicant :- Vineet Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 15.3.2021 passed by the Chief Judicial Magistrate, Gorakhpur in Final Report No.453 of 2019 (Rajesh Gupta Vs. Vineet Gupta), arising out of Case Crime No.390 of 2018, under sections 302, 201, 120-B I.P.C., Police Station- Shahpur, District- Gorakhpur.
Counsel for the applicants argued that after the investigation and collecting the relevant materials, the Investigating Officer submitted the final report against which the protest application was filed. Contention is that the Magistrate after considering the protest application without considering the witness and doctor illegally recalled the final report and allowed the protest application.
Learned A.G.A. in counter pointed out that while disposing of the protest application. the Magistrate had carefully considered all the materials collected by the police which was previously not placed with the case diary by the Investigating Officer in order to save the accused which is also apparent from the findings given by the revisional court.
Considering the facts and circumstances of the case, this court feels no infirmity in the impugned order passed by the court concerned. This fact has also been established in the light of decision given by this Hon'ble Court in the case of Application U/s 482 No.14785 of 2015 (Simplex Infrastructures and 4 Others Vs. State of U.P. & Another) decided on 27.11.2018.
In view of above, the application stands dismissed.
Order Date :- 5.8.2021 shiv