VISHAL SINGH Vs. STATE OF UP

JUDGEMENT

(1.) THIS revision has been filed against the order dated 19.5.2010 passed by the Additional Chief Judicial Magistrate, Mathura in case No. 1147/IX/2010 whereby the concerned Court rejected the final report submitted by the police, accepted the protest petition and summoned the revisionists in exercise of the powers conferred upon it under Section 190 (1) (b), Cr.P.C.

(2.) IT appears from the record that an FIR was lodged by O.P. No. 2 against the revisionists and one other on 21.3.2010 at PS. Baldeo, District Mathura. This FIR was investigated upon and after investigation final report was submitted by the police. The complainant was issued notice against the final report whereupon he filed a protest petition. He was heard. During hearing it came to light that the I.O. did not record the statements of the complainant and his witnesses and solely relied upon the affidavits filed on behalf of the accused persons and submitted the final report. In such view of the facts, the trial Court rejected the final report and passed the impugned order.

(3.) A look at the statements filed along with this revision would reveal that none of the witnesses including the complainant had supported that version which was disclosed in the FIR. It is strange that even the complainant did not support the prosecution version. This is nothing but a twist given to the story by the I.O. In such view of the matter, the proper course would have been to analyse the facts by the Courts himself and for that the cognizance should have been taken under Section 190(1)(a), Cr.P.C. and not under Section 190(1)(b), Cr.P.C. The cognizance under Section 190(1)(b), Cr.P.C: could have been taken if there was some material in the case diary and because no such material was available in the case diary, hence, the cognizance under Section 190(1)(b), Cr.P.C. could not be said to be proper one. However, considering that the investigation was suspicious, the Court should have proceeded for taking cognizance under Section 190(1)(a), Cr.P.C.