KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the applicants counsel and the learned A.G.A.

(2.) BY means of this application, the applicants have prayed for the quashing of the order of the Magistrate dated 28.1.92 by which he has rejected the Final Report submitted by the police and has issued process against the applicants.

(3.) IN the case in hand, the complainant of course presented a protest petition and filed some affidavits before the Magistrate but it further appears that the Magistrate did not think it necessary to record the statement of the first informant under Section 200 Cr.P.C. By filing Protest Petition, the complainant simply invited the attention of the Magistrate that he was not agreeing with the Final Report submitted by the police and he was submitting his objections in the form of the protest petition. Un-disputedly, the Magistrate has not recorded the statement of the complainant under Section 200, Cr. P.C. and has not followed the procedure provided for complaint cases, it would thus be deemed that the Magistrate was considering only the police report while taking cognizance of the case IN exercise of powers under Section 190 (1) (b) of the Code.