- (1.) THIS petition under Section 482 Cr.P.C. has been filed with a prayer for a direction to the Chief Judicial Magistrate, Sitapur to decide the Criminal Case No. 340 of 2008 (Indrajeet Singh Vs. Kuber Prasad) arising out of Case Crime No. 693 of 1998, under Section 409 I.P.C., Police Station Kotwali, District Sitapur.
(2.) FROM the record, it appears that Anant Singh, the then R.I.Q, A.T.C. lodged an F.I.R. against Assistant Accountant, Kuber Prasad Dwivedi, petitioner which was registered under Section 409 I.P.C. as Case Crime No. 693 of 1998 on 16.07.1998. After investigation, final report was submitted on 29.02.2008. Thereupon, notice was issued to the informant by learned Magistrate. Informant appeared before the Magistrate on 03.01.2011 and expressed his no objection in his statement given before the C.J.M., Sitapur. Copy of this statement has been filed in this petition.
(3.) GRIEVANCE of the petitioner is that despite the statement of informant supporting the final report submitted by the Investigating Officer, no order has been passed by the Magistrate in the case which was lodged in the year, 1998. Petitioner being government servant having retired on 01.07.2008, is not getting his post-retiral dues on account of pendency of present case. Petitioner's counsel referred to an order dated 10.08.2011 passed by this Court in Crl. Misc. Case No. 3606 of 2011(u/s 482 Cr.P.C.) wherein Magistrate was directed to consider the final report submitted by the Investigating Officer and pass the final orders within three months.;