SMT POONAM SHAH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this application under Section 482 of the Code of Criminal Procedure (in short, "the Cr.P.C."), order dated 17.10.2007 passed by the Metropolitan Magistrate, Court No. 7, Kanpur Nagar in case No. 299 of 2007 (Smt. Poonam Shah v. State of U.P.) under Section 498A, 323, 504, 506 of the Indian Penal Code ( I.P.C. for short) and 3/4 Dowry Prohibition Act (in short, the D.P. Act ), P.S. Chakeri, District Kanpur Nagar has been challenged. By the impugned order, the final report in case crime No. 530 of 2006 of P.S. Chakeri has been rejected and the protest petition filed by the applicant has been treated as complaint.

(2.) Shorn of unnecessary details, the facts leading to the filing of the application under Section 482 Cr.P.C., in brief, are that the applicant Smt. Poonam Shah had lodged an F.I.R. on 3.10.2006 at P.S. Chakeri, where a case under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act was registered at crime No. 530/06 against Smt. Malti Devi, Bal Krishna Sahai, Rahul Sahai and Rajiv Kumar. It appears that after investigation, final report was submitted by the police. When notice of the final report was issued to the complainant (applicant herein), she filed protest petition against the final report along with certain affidavits. After hearing the applicant s counsel, the learned Magistrate vide impugned order dated 17.10.2007 rejected the final report and treated the protest petition of the applicant as complaint. Being aggrieved the applicant has invoked the inherent jurisdiction of this Court for quashing the impugned order.

(3.) I have heard Sri P. K. Singh, learned Counsel for the applicant, learned A.G.A. for the State and perused the record.