Court No. - 54 Case :- APPLICATION U/S 482 No. - 502 of 2010 Petitioner :- Mahesh Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- A.K.Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
It is contended by learned counsel for the applicant that in this
case the FIR was lodged by O.P. No. 2 in case crime NO. 570
of 2008 under section 363, 366 IPC, P.S. Sirauli, District
Bareilly on 21.7.2008. After investigation final report has been
submitted, the same was protested by O.P. No. 2. Thereafter
the learned J.M.II, Amla, Bareilly has rejected the final report
and summoned the applicant to face the trial vide order dated
30.11.2009. The impugned order dated 30.11.2009 is illegal.
IN reply of the above contention, it is submitted by learned
A.G.A. that it is a very serious matter in which the alleged
kidnapped girl has not been recovered and final report has
been submitted by the I.O.
From the perusal of the record it appears that in the present
case, without recovery of the alleged kidnapped girl, the final
report has been submitted by the I.O., therefore, it is directed
that the I.O. shall appear in person along with S.S.P. Bareilly
before this court on 01.02.2010 to explain as to why the action
may not be taken against the I.O. of this case who has
submitted the final report without recovery of alleged kidnapped
girl.
List on 01.02.2010.
Let a copy of this order be given to learned A.G.A. for the
compliance.
Order Date :- 12.1.2010
RPD