GANGESH KUMAR NAYAK Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure ('CrPC') seeking the quashing of FIR No. 52 of 2003 under Section 379 of the Indian Penal Code ('IPC') registered at Police Station Mukherjee Nagar, Delhi and all the proceedings consequent thereto.

(2.) THE petitioner is one of the accused persons mentioned in the FIR. Admittedly, a closure report had been filed by the prosecution in the Court of the learned Metropolitan Magistrate ('MM'), Delhi on 28th February 2004 On that date an order was passed by the learned MM issuing notice to the complainant to show cause as to why the closure report be not accepted. It appears that in the meanwhile the Petitioner had appeared before the learned MM. However, on 9th July 2004 he could not appear and the learned MM issued a non-bailable warrant. When the Petitioner appeared on 5th February 2005, he was remanded to the judicial custody and thereafter released on bail on 9th February 2005.

(3.) ON 26th September 2006 the learned MM directed notice to the IO and SHO concerned for submitting an untraced report. It appears that thereafter the matter has been adjourned from time to time without any tangible progress in the case. In the circumstances the Petitioner has once again approached this Court through the present petition seeking the quashing of the FIR itself.