RIZWAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A First Information Report was not accepted by the police. That compelled the informant to approach the Magistrate concerned. The Magistrate directed lodgment of the First Information Report. Only then, the First Information Report was lodged. Subsequent thereto, purported investigation was made, in course whereof, however, statements under Section 161 of the Code of Criminal Procedure were recorded of few of the persons, who stated in support of the contentions contained in the First Information Report. The Investigating Officer, however, did not record any statement under Section 161 of the Code of Criminal Procedure of the informant. He, thereupon, submitted a report in final form. The Magistrate, taking note of the materials on record, while rejecting the report in final form, took cognizance in the matter on the basis of the materials placed along with the police report.

(2.) AGAINST the order, the applicants herein approached the revisional authority and, after having had lost before the revisional authority, has approached this Court under Section 482 of the Code of Criminal Procedure. While, however, doing so, they could not make out any ground whatsoever for interference of the Court. The Application is an abuse of the process of the Court and is dismissed with cost of Rs. 10,000/-. The prayer for waiver of the cost is expressly refused, inasmuch as, by filing this frivolous Application and obtaining an order of interim stay thereon, applicants have deliberately prevented course of justice.