(1.) The substantial issue in the instant six matters is whether a Magistrate/Court before rejecting a "Final-Report" filed by an Investigating Officer, has to hear the accused on his appearing voluntarily or after notice irrespective of the fact whether or not the informant is proposed to be heard with or without a protest petition challenging the said Final Report.
(2.) However, the history of listing of these cases is reprehensible if not condemnable. As early as on 21-7-1994, the Hon'ble the Chief Justice constituted a Full Bench to decide a reference to a Larger Bench made by one of us (Hon. G. P. Mathur J.) in Ranjeet Singh's matter because the Hon'ble the Chief Justice considered the matter to be of general importance. Strangely, it was not listed for nearly three years whereafter the Hon'ble the succeeding Chief Justice passed an order dated 19-6-1997 constituting this Full Bench. The matter however, came to be listed only on 7-9-1999 when it transpired that the aforesaid four criminal miscellaneous applications and one writ petition raising same points were also pending decision by Larger Bench.
(3.) In Ranjeet Singh's referring order it has been noted that in an earlier judgment delivered by Hon. G. P. Mathur, J., reported in Pratap v. State of U. P., 1991 Criminal Law Journal 1669 : (1991 All LJ 688) a view had been expressed that :-
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