BAIJNATH Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. for quashing the proceedings of complaint case no. 3688 of 2006 ( Shakuntala Vs. Baijnath and another ) under sections 454 and 380 I.P.C. pending in the court of the Addl. Chief Judicial Magistrate, Court no. 6, Jhansi and also the summoning order dated 5.7.2006 passed by the learned Magistrate in the aforesaid complaint case.

(2.) The facts relevant for disposal of this application are that Smt. Shakuntala, O.P. no.2, had lodged a first information report against the accused applicants under section 454 and 380 I.P.C. at police station Baragaon district Jhansi and on the basis of that F.I.R. case crime no. 1013 of 2004 was registered against the accused persons at the above police station. The police after investigation of the case submitted a final report on 29.9.2004 which was filed in the court on 12.10.2004. Against that final report Smt. Shakuntala filed a protest petition for rejecting the final report and summoning the accused persons. The learned Magistrate heard the complaint of Smt. Shakuntala Devi and observed in his order that according to the allegation of the complainant the police had not examined the independent witnesses and the witnesses named by the complainant, but had examined certain other persons who were connected with the accused persons and were not independent. He, therefore, rejected the final report and allowed the protest petition and ordered that the case shall proceed as State case and summoned the accused persons under sections 454 and 380 I.P.C. Aggrieved with that order the applicants have filed this petition under section 482 Cr.P.C.

(3.) Heard learned counsel for the applicants and learned A.G.A. for the State and perused the documents filed along with this application as well as the impugned summoning order passed by the learned Magistrate.