MUHAMMAD IQBAL Vs. STATE

JUDGEMENT

(1.) A. N. Gupta, J. Smt. Shamina Khatoon, opposite party No. 2 had lodged an FIR at police station Cantt. District, Lucknow against the applicants upon which the police conducted an investiga tion whereafter they submitted final report against the applicants under Sec tion 169 Cr. P. C. Thereafter, opposite party No. 2 moved protest application al leging therein that the police in con nivance with the applicants had wrongly submitted final report. The opposite party No. 2 gajve evidence under Section 200 and 202 Cr. P. C. On 29-5-1986 learned Magistrate passed an order in the follow ing terms: "final report is rejected. Register the case against the accused per sons under Sections 147, 452, 504 and 427 I. P. C, only. Summon them for 16-8-1986. " Against the above order, accused persons have preferred this petition under Section 482 Cr. P. C.

(2.) IN spite of the fact that opposite party No. 2 was represented none ap peared at the time of hearing and, there fore, this petition is being disposed of after hearing the learned Counsel for the ap plicants only. It was rightly argued by the learned Counsel for the applicants that the learned Magistrate while passing im pugned order dated 29-5-1986summoning the applicants have assigned no reason for rejecting the final report and there is no reference in the order that any evidence was adduced by opposite party No. 2 in support of her protest application. For these reasons, the impugned order, dated 29-5-1986 cannot be sustained.