LAWS(ALL)-2007-4-264

VIJAI PRATAP Vs. STATE OF U P

Decided On April 26, 2007
VIJAI PRATAP Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri Satya Prakash Srivastava and Sri Rajesh Pratap Singh, the learned Counsel for the applicants and learned A. G. A.

(2.) THIS application has been filed with a prayer to quash the order dated 2-4-2007 passed by the Chief Judicial Magistrate, Jaunpur in Case No. 140 of 2007, whereby the learned Magistrate has rejected the final report and accepted the protest petition, has taken the cognizance and summoned the applicants to face the trial for the offences punishable under Sections 323, 325, 504, 506 and 452 I. P. C. and Section 3 (1) X of S. C. /s. T. (PA) Act.

(3.) IT is further contended that it is surprising that the final report has been rejected and on the basis of the same final report, the learned Magistrate concerned has taken the cognizance and summoned the applicants which is self contradictory, therefore, the impugned order is illegal and is liable to be set aside.