VIKAS CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel appearing for the appellant, learned counsel appearing for the respondent No. 1-State of Uttar Pradesh and the learned counsel appearing for respondent No.2.

(3.) It is a matter where, initially, the complainant approached the Court of jurisdictional Magistrate with a complaint and on being refused to forward the complaint for investigation under Sec. 156 (3), Cr.PC, the matter was taken up in revision and upon its dismissal before the High Court in Criminal Miscellaneous Writ Petition No. 9134/2005. Consequently, based on the orders of the High Court thereon, F.I.R. No.107/2005 was registered at Alhaganj Police Station under Sec. 306, IPC. The final report filed under Sec. 173(2), Cr.PC, would reveal that after the investigation, virtually, a closure report was filed by the investigating agency. The learned Magistrate did not accept the closure report. In the protest petition filed by the appellant herein the learned Magistrate made an inquiry as contemplated under Sec. 202, Cr.PC, and based on all the materials collected issued summons to respondent No.2 herein as per order dtd. 5/4/2012 and it is the challenge against the same that culminated in the impugned order.