Allahabad High Court
Vijay Kumar Agarwal vs State Of U.P.And Another on 7 February, 2020
Author: Naheed Ara Moonis
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- APPLICATION U/S 482 No. - 4702 of 2009 Applicant :- Vijay Kumar Agarwal Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anil Sharma,R.K. Shukla Counsel for Opposite Party :- Govt. Advocate,P.K.Shukla Hon'ble Naheed Ara Moonis,J.
Shri P.S. Mishra, Advocate holding brief of Shri R.K. Shukla, learned counsel for the applicant has submitted that he has no instruction in this case.
The instant application under Section 482 Cr.P.C., has been filed on behalf of the applicant with a prayer to quash the order dated 5.11.2018 passed by the learned Special Judge/Additional Sessions Judge, Bijnor in F.R. No.12 of 2008, Arun KUmar Vs. Vijay Kumar Agarwal arising out of case crime no.871 of 2006, under Section 135 of the Indian Electricity Act, P.S. Kiratpur, District Bijnor in respect of rejecting final report and directing for further investigation against the accused persons.
The said order was challenged before this Court and by order dated 28.3.2007 the proceeding of the aforesaid case pending against the applicant was stayed.
Having perused the material placed on record, this Court is of the view that the applicant has no right to challenge the impugned order with regard to the further investigation of the case. The learned court below is not bound by the final report submitted by the police and has directed to further investigate the case after rejecting the final report which is well within his jurisdiction.
The application is highly misconceived and is accordingly, dismissed. The interim order dated 28.3.2007 is hereby vacated.
The court below/authority concerned is directed to proceed with the case in accordance with law.
A copy of this order with full particulars be sent through FAX to the court concerned within a week for communication and necessary compliance.
Order Date :- 7.2.2020 M. Tariq