HARGYAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned A.G.A. for the State and perused the material available on record.

(2.) NO notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he/she feels so aggrieved.

(3.) A perusal of the impugned order reveals that the Magistrate has criticized the investigating officer for not recording the statement of witness Guljari, not getting the statement of the victim recorded under Section 164 Cr.P.C. and for not taken into possession the clothes of the victim and not sending them for analysis to public analyst.