DAMODAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned A.G.A.

(2.) As agreed between the parties, this application is being finally disposed off. The F.I.R. was filed by the applicant against the accused persons. In the said F.I.R. was filed by the applicant against the accused persons. In the said F.I.R., the final report was submitted by the police after investigation. The protest petition of the applicant was registered as complaint and the statement of the applicant and his witness were recorded under Section 200 and 202 Cr. PC. After recording the said statement, which have been filed as annexure no. 6 to the affidavit appended along with this application the trial court is postponing the summoning of the accused and his issued notice for appearance of the accused persons in this case.

(3.) The procedure adopted by the trial aourt is wholly illegal. The trial court, which has registered the protest petition as a complaint and has recorded the statement under Sections 200-202 Cr, P.C. was bound to passan order either under Section 203 or 204 Cr. P.C. The trial court by not adhearing to the procedure prescribed under the Cr. P.C. has committed an illegality.