DEVENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Ajai Singh Sengar, learned counsel for revisionists, learned A.G.A. for State and Mr. Shashi Kant Pandey, learned counsel appearing for complainant opposite party No. 2. Counter affidavit filed on behalf of opposite party No. 2 in Court today, is taken on record.

(2.) This application under section 482 Cr. P. C. has been filed challenging order dated 19.11.2007 passed by Additional Sessions Judge Fast Track Court No. 1 Jalaun at Orai in Criminal Revision No. 211 of 2007 (Komal Singh Yadav Vs. State of U.P.), whereby Revisional Court allowed the above mentioned criminal revision, set aside order dated 28.07.2007, passed by C.J.M. Orai whereby it was directed that protest petition filed by first informant is treated as a complaint and accordingly fixed 30.8.2007 for recording evidence in terms of Sections 200 and 202 Cr. P. C. and remanded the matter before concerned Magistrate for decision a fresh as well as consequential summoning order dated 21.1.2008 passed by Chief Judicial Magistrate, Jalaun at Orai, in Criminal Case No. 56 of 2007 (Komal Singh Yadav Vs. Devendra Singh and others), under section 304-B IPC, P.S. Rampura, District Jalaun at Orai.

(3.) It transpires from record that opposite party No. 2 lodged an F.I.R. dated 7.9.2007 against applicants which was registered as Case Crime No. 250 of 2006 under Section 304 IPC, P.S. Rampura, District Jalaun at Orai. Police upon completion of statutory investigation of above mentioned case crime number submitted a final report. Upon submission of final report, opposite party No. 2 filed protest petition. Concerned Magistrate upon perusal of final report as well as allegations made in the protest petition passed order dated 28.7.2007 whereby protest petition was allowed and it was directed that the case be registered as a complaint case and accordingly, fixed 30.8.2007 for recording evidence in terms of Sections 200 and 202 Cr. P. C. Consequently, Complaint Case No. 56 of 2007 (Komal Singh Yadav Vs. Devendra Singh and others) under Section 304-B I.P.C., P.S. -Rampura, District-Jalaun at Orai came to be registered.