SURAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SAROJ Bala, J. By means of this application under 482 Cr. P. C. the applicants seek the quashing of orders dated 8-8- 2002 and 18-10-2002 passed by the Judicial Magistrate-Court No. 1, Mainpuri and order dated 26-3- 2003 passed by the Sessions judge, Mainpuri in Criminal Case No. 3659 of 2002, Gopi Singh v. Suraj Singh and Ors. , under Sections 307, 323 and 506 I. P. C, Police station Allau, District Mainpuri and Criminal Revision No. 336 of 2002.

(2.) THE facts giving rise to these proceedings are : An application under 156 (3) Code of Criminal Procedure (hereinafter referred to as Code ). was moved by the Opposite Party. In compliance of the order for registration and investigation the First Information Report was registered under Sections 307, 323 and 506 of the India Penal Code. After investigation, final report was submitted. THE opposite party filed protest petition against the final report which was treated as complaint and four witnesses were examined. Rejecting the final, report the order dated 8-8- 2002 was passed summoning the applicants for the offences under Sections 307, 323 and 506 I. P. C. THE summoning order was challenged in a Criminal revision No. 336 of 2002. THE Criminal revision was dismissed on 26-3- 2003.

(3.) THE learned Counsel for the applicants submitted that the protest petition having been treated as complaint the Magistrate committed illegality in going through the final report, injury reports and case diary.