INSPECTOR UNI RAM ARYA S/O LATE DEV RAM ARYA S.H.O. Vs. STATE OF UTTARAKHAND THROUGH ITS SECRETARY HOME AND

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has challenged the order dated 08.04.2010, passed by Sessions Judge, Champawat, in Criminal Revision No. 11 of 2010 Lalli v. State of Uttarakhand and Ors.

(3.) FROM the perusal of the impugned order it appears that neither the Station House Officer was called by the revisional court, nor was he heard as to what were the reasons in not sending the report to the Magistrate. Apart from this, Section 157 of Cr.P.C. requires sending of the copy of report (First Information Report) to the Magistrate. It does not require that the NCR be sent to the Magistrate. In the opinion of this Court, learned Sessions Judge appears to have made unnecessary observations and issued unnecessary directions to the Superintendent of Police to make adverse entry against the petitioner (Station House Officer, Kotwali Champawat) in the matter.