SAMEER RAZA Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Sameer Raza with a prayer that further proceedings of Case No. 97/11 of 2005 under Section 307 I. P. C. including the order dated 7-4-2005 passed by the 1st A. C. J. M. Rampur may be quashed.

(2.) HEARD Sri I. M. Khan, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Shahabuddin and Sri Vijay Bahadur Singh Shivhare, learned Counsel for O. P. M. No. 2.

(3.) IN reply to the above contentions advanced by the learned Counsel for the applicant the learned A. G. A. and the learned Counsel for the complainant submit: (1) That in the present case F. I. R. has been lodged by O. P. No. 2 against the applicant on 12-3-2005 at 7. 50 p. m. in respect of the incident which had occurred on 12-3-2005 at about 7. 15 p. m. IN the said incident the applicant has fired by O. P. No. 2 by a country made pistol with intention to kill him, consequently, O. P. No. 2 received two injuries. INjury No. 1 was multiple fire-arm wound injury on the back of the chest and injury. No. 2 was abraded contusion on the back of right side of the chest. The first informant, O. P. No. 2 was medically examined and he has fully supported the prosecution story in his statement under Section 161 Cr. P. C. The other witnesses have also fully supported the prosecution story in their statement recorded under Section 161 Cr. P. C. Surprisingly, the I. O. recorded the statement of such person who were on applicant side and relied upon their statement. The I. O. submitted the final report. The final report submitted by the I. O. was not proper because on the basis of the allegation made against the applicant prima facie offence under Section 302 I. P. C. was made out and O. P. No. 2 filed a protest petition. Thereafter the learned 1st A. C. J. M. Rampur perused the case diary and other material collected by the I. O. during investigation and after considering the same a conclusion was drawn that final report was illegally submitted and on the basis of the material recorded by the I. O. a prima facie case under Section 307 I. P. C. was made out. Therefore, the learned Magistrate concerned rejected the final report and took cognizance of this case and summoned the applicant to face the trial under Section 307 I. P. C. vide impugned order dated 7-4-2005. The impugned order dated 7-4-2005 is not suffering from any illegality, it is a perfect order and the learned Magistrate has not treated the present case as a complaint case and no such order has been passed but in the head note of the case Achchan alias Mehraj v. Sameer Raza, has been mentioned only on the basis of the protest petition filed by O. P. No. 2. (2) That there is no illegality in the impugned order and there is no ground to quash the proceedings in the Court of learned 1st A. C. J. M. , Rampur and the ground of mala fide taken by the applicant has no substance. Therefore, the present application may be dismissed.