MOHD TARIQ ANWAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajeev Gupta, Sri Rajrshi Gupta and Rakesh Dubey learned counsel for the applicant and learned A.G.A. for the State of U. P.

(2.) THIS application has been filed with a prayer to quash the proceeding of Case No. 2202 of 2008 under Sections 326, 504, 506 and 392, I.P.C. pending in the Court of learned Metropolitan Magistrate-IV, Kanpur Nagar arising out of Case Crime No. 193 of 2007, P. S. Swaroop Nagar, District Kanpur Nagar.

(3.) IN reply of the above contention it is submitted by learned A.G.A. that in the present case the final report has been submitted by the INvestigating Officer, the same was protested by the first informant O.P. No. 2 by way of filing the protest application supported by his affidavit. The first informant has made some allegations against the INvestigating Officer for not doing the fair investigation and illegally submitting the final report. Such allegations are generally made by the first informant on the basis of some presumptions, perceptions, or apprehensions because the notice is sent to the first informant but the copy of the police report is not supplied to the first informant, in such circumstances the allegations made by first informant in protest petition and his affidavit filed in support of protest petition are required to be checked by learned Magistrate concerned from the police report. If the learned Magistrate concerned comes to the conclusion that prosecution story is supported by the witnesses and there is sufficient material to proceed further against a person, the learned Magistrate concerned may reject the final report and the accused persons may be summoned on the basis of the material collected by the INvestigating Officer. If the learned Magistrate concerned comes to the conclusion that the allegations made in the protest application in respect of not doing fair/proper investigation or the statements of the witnesses have not been recorded or if recorded are not correct, the learned Magistrate concerned may reject the final report and may pass the order for further investigation or the protest petition may be treated as a complaint.