DEOKINANDAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner is aggrieved by order dated 3-6-1992, passed by the VII Additional Chief Judicial Magistrate, Buland-Shahr summoning the petitioners under Sections 307/323/435/504/506, I.P.C. and the order dated 12-1-1993 whereby thelearned IX Additional Sessions Judge, Bulandshahr has dismissed the revision against the said order.

(2.) I have heard learned counsel for the petitioners and learned Standing Counsel and in my opinion, there is no force in this writ petition. The relevant facts are in a very short compass. The complainant, Ram Kishore Garg, filed a criminal case which was registered as No. 352A/90, State Versus Deoki Nandan under Sections 307/323/435/504/506, I.P.C. A final report was, however, given by the concerned investigating officer. The complainant then moved a protest petition before the concerned Magistrate and submitted that the police has wrongfully given the final report. The complainant also filed an affidavit along with his protest petition. It may also be indicated at this stage that earlier the Police had submitted final report but the learned Magistrate had directed further investigation to be made on the ground that the statements of the complainant and the nurse were not taken. During further investigation, the statements of the complainant and his witnesses Satish, Naresh and the nurse Smt. Kunti Devi alias Manorama were taken by the investigating officer.

(3.) On a consideration of these statements, the learned Magistrate held that there was sufficient ground for summoning the petitioners under the provisions mentioned above.