ABDUL GANI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE petition under section 482 Cr.P.C. has been filed for setting aside the impugned order dated 11 -9 -2003 passed by the Sessions Judge, Haridwar in criminal revision No. 98/2002. It was further prayed to uphold the summoning order dated 23 -1 -2002 passed by the Judicial Magistrate, Roorkee in criminal case No. 852/2001.

(2.) BRIEF facts of the case are that on 10 -2 -1997 at about 11:30 p.m. an FIR was lodged at police station Laksar, District Dehradun by one - Roda, Chowkidar of the village Nagia Khurd alleging therein that the brother of the applicant Akbar @ Madu was trying to extort the money illegally from one Gani on the same day at about 5:30 p.m. It was further alleged that Akbar @ Madu armed with a countrymade pistol came to the house of Ghulam Rasool and fired at Gulam Rasool and other persons. The villagers chased Akbar @ Madu and apprehended him by using necessary force by which Akbar sustained the injuries. The villagers tried to save him and while bringing him to hospital he succumbed to his injuries. On the basis of the written report, the case was registered as case crime No. 20/1997 under section 386/307 I.P.C. The police investigated the matter and submitted the final report on 15 -2 -1997. Feeling aggrieved by the final report, the applicant filed a protest petition before the Magistrate. But, the Magistrate rejected the same and accepted the final report vide its order dated 13 -05 -1998. Feeling aggrieved by the said order, the applicant preferred a revision before the 1st Addl. Sessions Judge, Haridwar. The 1st Addl. Sessions Judge remanded back the matter and directed the Magistrate to pass a reasoned order after going through the statements recorded under section 200 & 202 Cr.P.C., postmortem report, panchayatnama and other submission of the protest petition. Thereafter, the Magistrate rejected the final report and took cognizance vide order dated 23 -01 -2002.

(3.) FEELING aggrieved by the said order, the respondent NO.2 and 3 (Gani and Abbas) preferred a revision before the Sessions Judge. On 11 -9 -2003 the Sessions Judge has allowed the revision and set aside the order dated 23 -012002 by which the Magistrate has rejected the final report. Feeling aggrieved by the order dated 11 -9 -2003, the present petition has been filed.