Hanoman Prasad & Anr. vs State of U.P. & Anr.

S.C. Chaurasia, J.—Heard the learned Counsel for the petitioner, learned A.G.A., the learned Counsel for the opposite party No. 2, Sri Ved Prakash Shukla, Advocate and perused the record.

This petition under Section 482, Cr.P.C., has been filed with the prayer that the complaint case No. 267 of 2002, Raghav Ram v. Hanoman & Ors., pending in the Court of learned Chief Judicial Magistrate, Gonda, alongwith the order of taking cognizance dated 1662004, summoning the petitioners under Sections 419 and 420, I.P.C., may be quashed.

The counteraffidavit and rejoinderaffidavit have been exchanged between the parties.

The learned Counsel for the petitioners has submitted that the F.I.R. was registered in compliance with Court''s order passed on an application moved under Section 156(3), Cr.P.C., and after registration of the case, the investigation was conducted; that after completion of the investigation, the final report was filed; that in response to the notice issued by the Court, the complainant appeared in the Court; that the learned Magistrate was required to pass an appropriate order on the final report before taking cognizance and recording the statement of the complainant; that the learned Magistrate, has committed illegality in recording the statement of the complainant without passing an appropriate order on the final report.

The learned A.G.A. and the learned Counsel for the opposite party No. 2, have not been able to justify the procedure adopted by the learned Magistrate in summoning the accused.

Since, the procedure adopted by the learned Magistrate, was not in accordance with law, it is expedient in the interest of justice that the matter may be remanded back to the concerned Court for passing an appropriate order afresh. Consequently, the impugned order dated 1662004, and the revisional Court''s order dated 1142007, dismissing the revision against the said order, are quashed. The matter is remanded back to the concerned Court for passing an appropriate order afresh in accordance with law. The concerned court is required firstly to pass an appropriate order on the final report submitted by the police and thereafter, it will decide as to whether the accused should be summoned on the police report or the protest petition be treated as a complaint case or further investigation is required in the matter.

With these observations/directions, this petition stands disposed of finally. Petition allowed.