HANUMAN PRASAD MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Devendra Dahma, learned counsel for the revisionist and learned A.G.A. for the State. None present for the opposite parties no.2 to 5.

(2.) THIS criminal revision has been preferred by the first informant Hanuman Prasad Mishra against the order dated 15.3.2005 passed by Special Chief Judicial Magistrate, Varanasi in Misc. Case No.78 of 2005 (Hanuman Prasad Mishra Vs. Om Prakash and others), rejecting his protest petition against the final report dated 1.10.2004.

(3.) THE brief facts related to the case are that the revisionist moved an application under Section 156(3) Cr.P.C. for registering and investigating the case against the opposite parties no.2 to 5 for the occurrence dated 25.5.2005 in which he sustained multiple injuries at the hands of opposite parties no.2 to 5 and his medical examination was conducted at S.S.P.G. Hospital, Varanasi, the same day at 10:00 p.m. By order of the court, Case Crime No.C -8 of 2004 was registered and after investigation a charge -sheet was filed on 24.8.2004 against the opposite parties no.2 to 5, under Sections 323 and 504 I.P.C. and the magistrate taken cognizance on 15.9.2004. Thereafter an application was moved on 16.9.2004 by Head Constable Shamsher Bahadur Singh to the A.C.J.M. concerned for reinvestigation in the matter which was allowed by the magistrate on the same day. On 18.9.2004 the first informant moved an application for recalling the order of return of charge -sheet from the court for reinvestigation, suspecting possibility of changes in the charge -sheet and for summoning back the charge -sheet by the Court. Thereafter on 1.10.2004 the final report was submitted in the matter against which the first informant filed protest petition on 17.11.2004 which was rejected by the magistrate vide impugned order dated 15.3.2005.