TILAK SINGH Vs. STATE

JUDGEMENT

(1.) IN this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing the orders of the Magistrate dated 17 - 2 -1976 in. Crime No. 250 and Crime No. 251 of 1975.

(2.) THE police had submitted first information reports to the Magistrate against the applicant herein for offences punishable under Section 25 of the Arms Act and under Rules 42 and 43 of the Defence of India Rules. Subsequently, the police submitted final re ports in which they stated that the al legations against the applicant herein were not established. Nevertheless the learned Magistrate took cognizance of the offences and issued summons to the applicant. In each of these cases the order of the Magistrate reads :

(3.) AS the orders of the learned Magistrate do not disclose on what material he took cognizance of the said cases inspite of the final reports of the police that no case was made out against the accused (the applicant herein), I hereby allow this application and quash the orders of the learned Magistrate dated 17 -2 -1976 in Crime No. 250 and dime No. 251 of 1975. I further direct that these two cases be transferred to the Chief Judicial Magistrate, Etah. If the learned Chief Judicial Magistrate, on going through the final reports and the case diaries feels that he should direct the police to further investigate into the matter, it will be open to him to so direct.