BACHAN SINGH CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal revision preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) is directed against the order dated 26.5.2008 passed by the Chief Judicial Magistrate, Uttarkashi in Criminal Case No. 68/2007, State through Bachan Singh Chauhan v. Unknown whereby the final report submitted by the Investigation Officer after investigation of the case has been accepted by the said court.

(2.) HEARD learned counsel for the parties and perused the papers available on record.

(3.) PERUSAL of impugned judgment and order dated 26.5.2008 reveals that initially the case was investigated by the CB-CID and after the investigation, final report was submitted. But the revisionist has filed objection against the said final report and, therefore, on 12.9.2007 Divisional Officer, CB-CID was directed to conduct reinvestigation in the case, who accordingly conducted the reinvestigation and again submitted a final report stating that no eyewitness of the alleged incident was available on the basis of which allegation of murder of Anwar Singh, son of the complainant/revisionist can be proved and chargesheet cannot be submitted in the absence any credible evidence. Even no evidence was produced by the complainant/revisionist before the I.O. The revisionist again filed his objections on 6.5.2008 against the said final report. But the court below has accepted by the aforesaid final report vide the impugned order dated 28.5.2006 and hence, this revision has been preferred.