STATE Vs. RAM SURAT & OTHERS

JUDGEMENT

(1.) This reference has been made by the learned Additional District Magistrate (J.), Ghazipur, and arises out of the following circumstances.

(2.) One Virendra Pratap Singh lodged a first information report at police station Nandganj on Feb. 27, 1965, alleging therein that Ram Surat Singh and other opposite parties to this reference, on the early morning of that date, took away 30 bundles of Bejhar crop belonging to Virendra Pratap Singh from his field. On this report an investigation was made by the police authorities of police station Nandganj and a case against Ram Surat Singh and others was registered under Sections 379/504/506 I.P.C.

(3.) After investigation the police officials submitted a final report before the learned Judicial Officer on April 9, 1965, but even before that date Virendra Pratap Singh suspected that the police investigation may not support his allegations made in the first information report and hence he moved a protest petition before the learned Magistrate requesting him that if the police submitted any final report that report should not be accepted. After the learned Magistrate received the final report from the police he took up the protest petition of Virendra Pratap Singh and after hearing him and the Assistant Public Prosecutor the learned Magistrate did not accept the final report submitted by the police and ordered the police to submit a chargesheet in the case. This order was passed by the learned Magistrate on May 18, 1965. Thereafter, the learned Assistant Public Prosecutor moved an application praying that the order dated May 18, 1965 calling for a charge-sheet from the police passed by the learned Magistrate should be recalled as it was against law. On that application the learned Magistrate, on Sept. 22, 1965, passed the following order: