RAJESH NEGI Vs. STATE

JUDGEMENT

(1.) Petitioner has filed this petition seeking a writ of mandamus to call for records of the Final Report No.05 of 2023 dtd. 2/2/2023 (Annexure No.1) in connection with FIR No.75 of 2022 P.S. Muni-ki-Reti, District Tehri Garhwal under Sec. 306 IPC and directing respondent nos.1 and 2 to provide copies of records/ evidences collected during investigation of the case to the petitioner in accordance with law.

(2.) It is the case of petitioner that he is the informant on whose behest FIR No.75 of 2022 was lodged against respondent no.3. It is also an admitted case that after investigation, final report has been submitted being F.R. No.05 of 2023 dtd. 2/2/2023 (Annexure No.1). On the final report, petitioner was given notice by the learned CJM, Tehri Garhwal; he appeared before the said Court and submitted his 'no objection' and requested the learned CJM to accept the final report. The Final Report No.5/2023 was accordingly accepted and the matter was closed vide order dtd. 23/3/2023.

(3.) It is after acceptance of the final report and closure of case, petitioner challenged the order dtd. 23/3/2023 by filing revision petition before the learned Sessions Judge, Tehri Garhwal who vide judgment dtd. 3/5/2024 dismissed the revision. It is observed by learned Sessions Judge while rejecting the revision petition, in paragraph no.10, that the legal procedure has been adopted by the learned trial Court inasmuch as on the final report, notices were issued to the petitioner-informant. He appeared before the Trial Court and submitted his "no objection' to the final report. Accordingly, the final report has been accepted. For this reason, the Revisional Court did not find any illegality in the order and, accordingly, revision petition was dismissed.