ANIL KUMAR VASHISTH Vs. STATE OF U P

JUDGEMENT

(1.) Whether the final report can bo accepted without passing any order on the protest petition filed by the complainant in the case where prima facie offences arc disclosed from the averments made in the FIR, is the main legal question that falls for consideration in both these applications under section 482 of the Code of Criminal Procedure (in short,'the Cr.P.C')

(2.) By means of Criminal Misc. Application No.19770 of 2009, order dated 21-3- 2009 passed by the Special Judge, (D.A.A.). Jhansi in Criminal Misc. Case No. 690 of 2007 (Anil Kumar Vashisth v. Shiv Prakash and others) under sections 395, 397 IPC. P.S. Irach, District Jhansi is sought, to be quashed, whereas in Criminal Misc. Application No. 19771 of 2009 prayer to quash the order dated 20-5-2009 passed by the Judicial Magistrate, Garotha in Criminal Misc. Case No. 52 of 2008 (Km. Bhamvati v. Badri and others) under sections 379, 352, 504. 506 IPC P.S. Garotha, District Jhansi has been made.

(3.) Although different orders have been challenged by means of these applications under section 482 Cr.P.C. but since the common legal question is invoked in both these applications, hence for the sake of convenience, they are being decided by this common order.