V K RAI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for parties and perused the record.

(2.) Applicants have invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash the order dated 13.05.2003 passed by Chief Judicial Magistrate, Firozabad taking cognizance in Criminal Case No. 1196 of 2003 under Sections 452, 504, 506 I.P.C.

(3.) In the first information report lodge as Case Crime No. 224 of 2002 under Sections 452, 504, 506 I.P.C., Police submitted final report whereagainst protest petition was filed. Magistrate treated the Protest Petition as complaint case, recorded statements under Sections 200 and 202 Cr.P.C. and thereafter issued summons. It is contended that Magistrate acted illegally in rejecting the final report and treating the protest petition as complaint case.