SURYABHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This petition has been preferred with the prayer to quash the orders dated 6-7-2006 and 25-7-2007 passed by the Additional Chief Judicial Magistrate, Court No. 2, Varanasi and Additional Sessions Judge, Court No. 1, Varanasi respectively. It is further prayed that the concerned Magistrate be directed to conduct the proceedings according to the provisions of Sections 190 and 204, Cr. P. C. for summoning the accused.

(2.) HEARD learned Counsel for the petitioner and learned A. G. A. as well as perused the material available on record.

(3.) THE concerned Magistrate has considered the objection filed on behalf of the said accused and again the protest petition was rejected and final report was accepted. THEreafter the petitioner has again to filed criminal revision. THE same was also dismissed by considering the defence case of the accused while the alleged accused had no locus standi to file the objection and to hear in the Court. It is further contended that the protest petition was to be decided merely on the basis of the case of prosecution as the case taken in the protest petition but the case of accused cannot be considered either by the concerned Magistrate regarding the final report as well as by the revisional Court. THErefore, both the Courts below have committed illegality in considering the case of the alleged accused person in rejecting the protest petition and accepting the final report.