HARISH CHANDRA TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) THROUGH this application under Section 482, Cr. P.C., the applicants challenge the order dated 4.11.1995. as per Annexure-19, the order dated 19.3.1997 summoning them in the trial, as per Annexure-21, as also the charge-sheet, as per Annexure-20 and have prayed for quashing of these orders and the chargesheet as well as the entire criminal proceedings now pending before the Ilnd A.C.J.M., Allahabad, in Criminal Case No. 253 of 1997, under Sections 147. 148, 149. 323, 324, 325. 505, 506 and 307. I.P.C.

(2.) THIS criminal case arose out of case Crime No. 290A of 1994. After an F.I.R. was lodged investigation was taken up and police had submitted a final report. The complainant had raised an objection which was heard by the Magistrate and he directed investigation afresh by his order dated 4.11.1995 which is under challenge. On a subsequent Investigation, a change-sheet was submitted, cognizance was taken and the present applicants were summoned and this order was also challenged. It was urged that the Magistrate had wrongly relied on the materials placed before him along with the objection against the final report and had wrongly directed further investigation. It was contended that all the injuries on the part of the complainant and others were manufactured ones and although there was a medical report supporting the injuries, a board was subsequently constituted under the orders of the Commissioner of the Division and the injured persons never appeared before the board and this would only suggest that there were no injuries at all.

(3.) AS a result, neither the order directing the investigation nor the order of cognizance and summoning the present applicants could be interfered with. Consequently, there cannot be quashing of these orders or the criminal proceedings in the connected case. The application, thus, stands dismissed.