RASHID Vs. ABDUL HAFIZ

JUDGEMENT

(1.) List has been revised, None appears for the revisionists.

(2.) HEARD Sri S. S. Shah for the opposite party No. 1 and learned AGA for the State and perused the material on record. The revision is against the summoning order.

(3.) SO far as following the procedure or the complaint case after complainant filed a protest petition and affidavit of some of the witnesses is concerned, after decision of the Hon'ble Supreme Court in Bhagwant Singh v. Commissioner of Police and another, 1986 A. W. C. 26, the informant must be given notice and heard before final report is accepted by the Magistrate. The court before whom final report is submitted, is duty bound to serve notice upon the complainant and invite objection to the acceptance of the final report. In such a case if objection is filed by the first informant then such an objection cannot be treated to be protest petitions and after filing of the objections the court may accept the same and reject the final report and summon the accused person under Section 190 (1) (a) of Criminal Procedure Code.