Magistrate to Decide Objections on Closure Report, Stay Granted

The Magistrate was directed to independently and expeditiously decide on the objections and protest petition related to the Closure Report filed in a criminal case. The respondent was restrained from taking further action against the petitioner until the matter was resolved. A hearing was scheduled before the Magistrate, with instructions for both parties not to seek adjournment for a prompt decision. The respondent was granted the liberty to approach the Court after the outcome of the Protest Petition and objections, with the case listed for July 2023.

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Issues involved:
The issues involved in the judgment are related to the filing of a Closure Report in a criminal case, the submission of a Protest Petition by the complainant, objections to the Closure Report, and the direction to the Magistrate to decide the matter expeditiously.

Closure Report and Protest Petition:
The FIR registered in Crime No. 161 of 2022 resulted in the filing of a Closure Report by the Investigating Officer before the competent court of jurisdiction on 13.03.2023. The respondent did not dispute this fact in the counter affidavit. However, the complainant, Axis Bank, filed a Protest Petition, and the respondent also submitted objections to the Closure Report dated 13.03.2023.

Direction to Magistrate:
The learned counsel for the petitioner requested that the objections/protest petition related to the Closure Report dated 13.03.2023 be decided independently and expeditiously by the Ld. Magistrate on its own merits, subject to any objections raised by the petitioner. The respondent was restrained from proceeding against the petitioner in reference to ECIR/CEZO - II/26/2022 until further orders.

Court Hearing and Future Proceedings:
The matter was scheduled for a hearing before the learned Magistrate on 11.04.2023, and both parties were directed not to seek adjournment to facilitate an expeditious decision by the Magistrate. The respondent was given the liberty to file an application in this Court after the outcome of the Protest Petition/objections to the Closure Report dated 13.03.2023. The case was listed for the third week of July 2023.

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