ASHOK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The main controversy involved in this revision centres round the scope of powers of the Magistrate under sub-sec. (1) of Sec. 190 of the Criminal Procedure Code on a protest petition, duly supported by the affidavits of the witnesses.

(2.) The present revision is directed against the order dated 8-9-93 passed by the IX A.C.J.M., Allahabad in Criminal Case No. 869 of 1993 where by the final report submitted by the investigating Officer was rejected and the cognizance has been taken against the accused applicants by summoning them under Ss. 147, 148, 149 and 307, I.P.C.

(3.) In short, the prosecution story as revealed by F.I.R., is that at about 7.008.00 p.m. on 20-4-93, Om Shankar Pandey, the informant, his brother Arvind Kumar, and one Om Prakash were returning from village Baghbana to Allahabad on a motor cycle. In the way, they met the 6 accused applicants, who were carrying with them guns and bombs. Accused Satendra Kumar fired a shot from his gun while the other accused hurled bombs on the complaint party but luckily they escaped and ran away from the place of occurrence leaving the motor cycle there. The complaint party lodged F.I.R. of that incident at Police Station Ghoorpur, Allahabad, on the same night, i.e., 20-4-93. The matter was investigated and police submitted a final report in the court. The complaint filed protest petition along with the affidavits of Om Prakash, Arvind Kumar and Om Shanker Pandey alleging that the final report be rejected and the accused be summoned for the offences punishable under Sections 147, 148, 149 and 307, I. P.C. It has also been averred in those affidavits that even prior to the submission of the final report the Investigating Officer was siding with the accused persons and the complaint party had apprehension that he would not take any action against them on the basis of the F.I.R. The IXth Addl. C.J.M., Allahabad has not accepted the final report and has summoned the accused applicants taking cognizance under sec. 190(1)(a), Cr. P.C. by order dated 8-9-93 on the basis of the protest petition, supported by the affidavits of the witnesses.