ASHOK YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners. Without issuing notice to O.P. No. 2, the case is disposed of at the stage of admission with consent of the learned Counsel for the petitioner and learned A.G.A. since the order propose to be passed will not affect the interest of O.P. No. 2.

(2.) THE fact of the case lie in a narrow compass. With regard to the incident that allegedly happened on 23 -7 -1999 O.P. No. 2 filed a petition under Section 156 (3) Cr. PC. before the Court of Civil Judge/Judi ­cial Magistrate, Chandauli, it is stated, the Magistrate called for a report from the concerned police, pursuant to which the police submitted a report that the allega ­tions made by O.P. No. 2 are false. Relying on such report, the Magistrate while rejecting the petition filed under Section 156 (3) Cr. P.C. by order dated 13 -2 -1999, copy where of at Annexure - 2, observed that the O.P. No. 2 complainant may file regular complaint. It was only thereafter that respondent No. 2 filed complaint which, it is stated, was dismissed for default. There after, she complained to Su ­perintendent of Police whereupon neces ­sary direction was given to the police con ­cerned to register a case and proceed with investigation. This is how an F.I.R. was registered and the case was investigated into and completion there of final report was submitted. Dissatisfied with the report, respondent No. 2 filed a protest petition. The Magistrate examined her and her witnesses and thereafter by the impugned order, copy whereof at An -nexure -4, took cognizance of the offence under Sections 452, 323, 504, 506 I.P.C. read with Sections 3 and 10 S.C. and S.T (Prevention of Atrocities) Act and issued summons to the petitioners and directed registration of a case as State case, that is to say, case arising out of police report Challenging the said order, the present petition is filed under Section 482 Cr. P.C.

(3.) NOW coming to the impugned order, after receipt of the 'Final Report' and on filing of a protest petition which is in nature of a complaint, the learned Magistrate examined the respondent No. 2 (complainant) and her witnesses. From this it appears that lowed the proce ­dure as provided in Chapter -XVI of the C.r. P.C. So after examination of the respon ­dent No. 2 and her witnesses when he found that there is prima facie case against the petitioners, he while taking cognizance should have passed the order that the case should proceed as a complaint case.