SURENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard learned Counsel for the applicants and learned A. G. A.

(2.) THIS application has been filed with a prayer to quash the order dated 26. 6. 2007 passed by learned A. C. J. M, Bhadoi in Criminal case No. 171 of 2005 whereby the learned Magistrate concerned has taken the cognizance and summoned the applicant to face the trial for the offence punishable under sections 147, 323, 504, 506, 452 IPC. It is contended by learned Counsel for the applicant that O. P. No. 2 Smt. Saraswati Devi lodged the F. I. R. in case crime No. 46 of 2005 under sections 147, 323, 504, 506, 452 IPC, P. S. Suriyawan, District Sant Ravidas Nagar (Bhadoi), after investigation the final report dated 25. 2. 2005 was submitted in the Court of learned Magistrate concerned on which notice was issued to the complainant O. P. No. 2 on 31. 5. 2007. After receiving the notice the first informant O. P. No. 2 appeared before the Court concerned and filed a protest petition, the same was treated as a complaint by learned Magistrate concerned and next date for recording the statement of the first informant as complainant under section 200 Cr. P. C. was fixed, her statement was recorded, under section 200 Cr. P. C. on 9. 2. 2006, thereafter the next date was fixed for recording the statement of witnesses under section 202 Cr. P. C. For this purpose many dates were fixed but no statement under section 202 Cr. P. C. was recorded and for recording the statement under section 202 Cr. P. C. and without passing any order on final report, the learned Magistrate has taken the cognizance and summoned the applicant to face the trial for the offence punishable under sections 147, 323, 504, 506 and 452 IPC on 26. 6. 2007. The order dated 26. 6. 2007 is illegal and liable to be set aside.

(3.) IN view of the above discussion, the impugned order dated 26. 6. 2007 passed by learned A. C. J. M. , Bhadohi in Criminal Case F. R. No. 171 of 2007 in case crime No. 46 of 2005, P. S. Suriyawan, District Sant Ravidas Nagar (Bhadohi) is set aside. The learned Magistrate concerned shall pass a fresh order in accordance with the provisions of law.