TARUN JAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) This Application under Section 482 of "the Code" of Criminal Procedure, 1973 the code seeks to quash proceedings of Case No. 1111 of 2020, State v. Tarun Jain (arising out of Case Crime No. 325 of 2020), under Sections 182, 188 and 271 of the Indian Penal Code, 1860, "the penal code", pending before the court of the Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar.

(2.) This application was initially heard on 21.09.2020, and an interim stay of further proceedings before the Magistrate was granted pending admission, for reasons indicated in the order of that date. Later on, this application came up on 19.01.2021, when, by a detailed order, it was admitted to hearing and notice was issued not only to the State, but also the second opposite party, requiring both these opposite parties to file a counter affidavit. The time-bound interim order granted on 21.09.2020 was directed to remain in operation until further orders. A counter affidavit was filed on behalf of the State on 01.02.2021. The complainant-opposite party no. 2, who is a Sub-Inspector of Police, and to whom notice was directed to issue, has not been served, with the Office not putting in a report either way. It is a little hard to believe that a Sub-Inspector of Police would not be served through the criminal process that is routed through the Police. In any case, the presence of the second opposite party is not much required in his case, instituted on a Police Report, where the State is before us. For the said reason, this matter was heard on 24.03.2021, and judgment reserved.

(3.) Heard Mr. Navin Chandra Srivastava, learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, the learned Addtional Government Advocate appearing on behalf of the State.