GAJENDRA KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) MARKANDEY Katju, J. This is an application under Section 482, Cr. P. C. praying for quashing the impugned order of the Chief Judicial Magistrate, Mathura dated 26-4-1990, true copy of which is Annexure 6 to the writ peti tion and also Annexure to the supplementary affidavit.

(2.) I have heard Sri Tejpal, learned counsel for applicant and learned Government counsel for the respondents. Since there is only a legal question involved in this case I am disposing of this petition finally. An F. I. R. was filed against the applicant under Sections 307, 506, I. P. C. at P. S. Kotwali, district Mathura on 5-8-1989, a true copy of which is Annexure 4 to the writ petition. In pursuance to this F. I. R the police made an investigation and submitted a final report dated 30-12-1989, a true copy of which is Annexure 5 to the writ petition. Against this final report a protest petition was filed by Shyam Singh respondent No 2 and on this protest petition the impugned order dated 26-4-1990 has been passed. In this order dated 26-4-1990 the learned Chief Judicial Magistrate, Mathura has observed: "the investigation is defective and the conclusion derived by the I. O. is not worth accepting. Final Report as submitted is not accepted and as per order on the back of Final Report itself. The Final Report be sent back to SHO Kotwali with the direction that matter be re-investigated and report be submitted according to law. "

(3.) THE view I am taking will make the relevant provisions in the Cr. P. C. in accordance with Articles 14 and 21 of the Constitution, as it will make the procedure fair and just.