MUNNA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Applicants and learned AGA for the State and perused the material placed on record.

(2.) Applicants by way of filing this application under Section 482 Code of Criminal Procedure have sought to quash the impugned order dated 21.10.2010 passed by Additional District and Sessions Judge, Court No. 8, Bulandshahr in Criminal Revision No. 151 of 2001 as well as order dated 29.3.2010 passed by Additional Chief Judicial Magistrate, Court No. 2, Bulandshahr under Sections 304, 452, 504, 506 IPC, Police Station Jahangirabad, District Bulandshahr in F.R. No. 391 of 2009 Ram Kumar v. Munna and Ors.

(3.) The relevant facts giving rise to this application are in a very short compass. The opposite party No. 2 Raj Kumar had filed an application under Section 156(3) Code of Criminal Procedure against the Applicants in the Court of Chief Judicial Magistrate, Bulandshahr in which a direction was issued to the Station House Officer to register and investigate the case. Pursuant to the order passed by learned Magistrate the case was registered on 7.3.2007 vide crime No. 78 of 2007, under Sections 304, 452,323,504,506 IPC. The final report was, however, submitted by the concerned Investigating Officer. Informant then moved a protest petition before the concerned Magistrate and submitted that police has wrongly given the final report. The complainant has also filed the affidavits of the witnesses namely, Raj Kumar, Dharmendra, Kanchhid and Nem Pal alongwith his protest petition. It may also be indicated at this stage that earlier the police had submitted final report but the learned Magistrate had directed for further investigation.