KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. 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 28-1-1992 by which he has rejected the Final Report submitted by the Police and has issued process against the applicants.

(3.) IT has also been held in the aforesaid decision of Bhagwan Das (supra) that when the Magistrate takes cognizance on a com plaint and he wishes to proceed with it he has to record statement of the complainant on oath and so long as this is not done, the Magistrate will be deemed to be considering only the police report.