MEWA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is a reference by the III Temporary Civil and Sessions Judge Farrukhabad dated 6 -9 -1971 for quashing an order of the Additional Munsif -Magistrate Farrukhabad dated 21 -5 -1971 directing further investigation of the case by the Police Under Section 202 Code of Criminal Procedure.

(2.) MEWA Ram filed a complaint on 6 -4 -1971 against Ram Kishan and 18 others Under Sections 147, 148, 452, 323 and 425 IPC in the court of the Additional Munsif -Magistrate First Class Fatehgarh. The Magistrate recorded the statement of the complainant and fixed 14 -5 -1971 for evidence Under Section 202 Code of Criminal Procedure. On 14 -5 -1971 statement of Deshraj was recorded. Thereafter the case was fixed for zO -5 -1971 for hearing further evidence Under Section 202 Code of Criminal Procedure. On 20 -5 -1971 the Magistrate recorded the statement of Kamta Prasad. He thereafter fixed 21 -5 -1971 for orders. On 21 -5 -1971 the Magistrate passed the following order:

(3.) I , therefore, do not find any error in the order of the Additional Munsif Magistrate Farrukhabad directing an enquiry to be made by the police after recording the statements of two witnesses. In this view of the matter I do not find any force in this reference made by the Civil and Sessions Judge Farrukhabad which is hereby rejected. The case will proceed in accordance with law The record will be sent back at an early date. Reference rejected.