RAMESH CHANDRA MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) RAMESH Chandra Misra has filed petition under Section 482 Cr. P.C. for quashing the order dated 3 -9 -82 passed by the VIII Additional Munsif Magistrate, Faizabad, in Criminal Misc. case No. 87 of 1974 for summoning him. One F.I.R. was lodged on 23 -4 -74 by Sri B.D. Tripathi, Branch Manager, Central Bank of India, Jalalpur Branch, Faizabad under Sections 402/417/468/420/201 I.P.C. against the petitioners Ramesh Chandra Misra and others. The matter was investigated by the police and a final report was submitted in favour of the petitioner on 22 -3 -76. That final report was accepted by the Magistrate on 25 -4 -77. The case was proceeding against other accused persons. During the trial of that case after the statement of one witness was recorded, the A.P.O. moved an application for summoning the petitioner claiming that he was also involved in the offence in question. The learned Magistrate passed an order dated 3 -9 -82 i.e. after about six years, directing that the petitioner be summoned and he should put in appearance.

(2.) THE Magistrate passed the order under Section 156(3) of the Cr.P.C. which empowered him under 190 Cr.P.C. to order an investigation. But after the final report was accepted the magistrate was not expected to reopen the trial itself without ordering investigation and without making any enquiry. I do not think that any prima facie case against the petitioner was made out. That conclusion could not have been arrived at merely on the application of the A.P.O. during the trial of the case. As such this petition succeeds. The petition is allowed and the order dated 3 -9 -82, passed by the VIII Additional Munsif Magistrate, Faizabad in criminal case No. 87 of 1974 for summoning the petitioner Ramesh Chandra Misra is quashed. Send back the lower court record immediately.