SONEY LAL Vs. STATE

JUDGEMENT

(1.) THE facts of this reference, which has been made to this Court by the learned II Temporary Civil and Sessions Judge, Kanpur, are that one Bachchan Lal Avasthi filed a report against Soney Lal and a case against the applicant under Sa. 452/323, Penal Code was registered by the police authorities of police station Nawabganj, Kanpur. The polioe authorities of that police station carried on the investigation against the applicant and on 29th December 1968 the investigating officer submitted a final report to the learned Magistrate 1st Class, Kanpur, and on that report, on 27th January 1969, the learned Magistrate passed the following order :

(2.) BEFORE the learned Magistrate passed this order Bachchan Lai, on 6th January 1969, had filed an application before the learned Magistrate that the police authorities of police station Nawabganj were colluding with the applicant and that is why a final report had been submitted. Some affidavits were also filed supporting the application of Bachchan Lai. Thereupon, the learned Magistrate obtained a report from the police authorities and passed the following order :

(3.) ON 15th January 1969 Bachchan Lai filed yet another application before the learned Magistrate and on that application the learned Magistrate ordered that the application of Bachchan Lai be placed before him along with the charge-sheet or the final report. On 22nd February 1960 the learned Magistrate passed the following order :