- (1.) The present application has been filed with the prayer to quash the order dated 19.1.2016 passed by Civil Judge (SD)/ Additional Chief Judicial Magistrate, Saharanpur in criminal complaint case no. 2827 of 2014 under Section 245(2) CrPC and the entire proceeding of the aforesaid complaint case. Further prayer has been made to stay the further proceedings of the aforesaid case.
(2.) Heard Shri Vikrant Pandey, learned counsel for the applicant and Shri R.K. Saini, learned counsel for the opposite party no.2 as well as the learned AGA.
(3.) It was submitted by the learned counsel for the applicant that no order was passed on the closure report. On the final report, a protest petition was filed which was treated as complaint by the Magistrate concerned. It was further submitted that a private complaint is barred in the matter. The document is said to have been filed in the court, therefore, the complaint is barred by the provisions of Section 195 CrPC. The impugned order suffers from infirmity and illegality.;