MOHD UMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed by the applicants/accused persons for quashing the order dated 16.9.2006 passed in Criminal Revision No. 271 of 2006 and the order dated 04.11.2006 passed by the concerned Magistrate whereby the accused persons are summoned for facing trial under Sections 147, 148,149,307,336, 504 IPC in Case Crime No. 1064 of 2004, P.S. Chandpur district , Bijnor.

(2.) FACTUAL matrix of the case is that on a written complaint, moved on behalf of respondent no.2/complainant -Mahboob Ahmad, a case was registered against the accused persons. It is evident from the order dated 04.11.2006 passed by the Magistrate that initially , charge sheet was submitted by the Investigating Officer on 09.05.2005, but later on , it was cancelled and final report under Section 173(1) Cr.P.C. was submitted on 04.06.2005 observing that offence complained of was false. Challenging the correctness of the report submitted by the police, the respondent no -2/first informant filed a protest petition. The Magistrate vide order dated 27.5.2006 accepted the final report but the protest petition was ordered to be treated as a complaint. Feeling aggrieved with that order, the respondent no.2 -first informant preferred a Criminal Revision no.271 of 2006 (Mahboob Ahmad Vs. State of U.P.) which was allowed subsequently on 16.09.2006 and the Revisional Court after setting aside the order dated 27.5.2006 remitted it back to the Magistrate for deciding the protest petition afresh. The Revisional Court allowed the revision considering that the protest petition cannot be treated as a complaint. It further reveals that vide order dated 4.11.2006, the concerned Magistrate has straightway summoned the accused persons for facing trial as mentioned above.

(3.) I have heard learned Counsel for the parties and learned AGA.