MISHWAH AZIZ Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned Counsel for the applicant and the learned A.G.A.

(2.) THIS application has been filed with a prayer to quash the order dated 18.1.2008 passed by the learned M.M. IV, Kanpur Nagar in Misc. Case No. 365 of 2007 arising out of final report submitted in Case Crime No. 69 of 2006 under sections 147, 148, 323, 504, 506, 307 I.P.C P.S. Maharajpur district Kanpur Nagar whereby the learned Magistrate concerned has re ­jected the protest petition and accepted the final report.

(3.) IT is submitted by the learned A.G.A. that the impugned order dated 18.1.2008 is illegal because the impugned order has been passed ignoring the state ­ments of the witnesses including the in ­jured witness. According to the statements of eye witnesses and medical examination reports, prima facie offence is made out, the specific allegations have been made against the applicant. The learned Magis ­trate concerned has deviated from the es ­tablished procedure in accepting the final report because at this stage it has to be considered that on the basis of the material collected by the I.O. during investigations, prima facie any offence is made out or not, it was not the stage of evaluating the mate ­rial for the purpose of ascertaining the truth. The impugned order is illegal which is liable to be quashed.