MANGTOO Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash/set aside the judgment and order dated 05.11.2015 passed by the Additional Sessions Judge, Court No. 8, Mathura dismissing the Criminal Revision No. 207 of 2015 (Mool Chand and others Vs. State of U.P. and another) as well as order dated 08.04.2015 passed by the Additional Chief Judicial Magistrate, Court No. 1, Mathura in Complaint Case No. 55 of 2013 under Section 376/506 IPC, police Station Mahila Thana, District Mathura.

(3.) Submission of the learned counsel for the applicant is that initially an F.I.R. was lodged on the basis of order passed on the application under Section 156(3) Cr.P.C., police after investigation submitted the final report but no order was passed on the final report. Present complaint was filed subsequently on the basis of same set of evidence. Thus the complaint was barred. It was obligatory to the court concerned to pass order on the final report. Learned counsel for the applicant referring to the provision of Section 210(2) Cr.P.C. also submitted that fate of the final report which comes under the definition of police report as defined under Section 173 Cr.P.C. will be decided as provided under Section 210 Cr.P.C. Summoning order passed by the concerned Magistrate is without jurisdiction. It was further argued that complaint filed by the opposite party no. 2 is also in violation of article 20(2) of the Constitution of India.