Court No. - 43 Case :- APPLICATION U/S 482 No. - 6588 of 1992 Petitioner :- Vinay Prakash Respondent :- L.S. Yadav Petitioner Counsel :- A.K. Sharma Respondent Counsel :- A.G.A. Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of
criminal case no. 154 of 1992 under sections 324, 326 IPC arising out of final
report submitted in case crime NO. 265 of 1991, P.S. Dibiyapur, District
Etawah pending in the court of learned A.C.J.M.-I, Etawah.
From the perusal of the record it appears that in the present case the notice has
been issued to O.P. No. 2 who does not turn up. The FIR has been lodged by
O.P. No. 1, after investigation the final report has been submitted in case
crime No. 265 of 1991 under section 326 IPC, P.S. Dibiyapur, District
Etawah. The final report has been protested by O.P. No. 1 and affidavits have
also been filed by the witnesses Lakhan Singh, Ram Mahesh and Banwari
Lal. The learned Magistrate concerned has considered the police report as
well as the affidavits filed by the above mentioned witnesses and rejected the
final report and summoned the applicant vide order dated 15.5.1992. The
learned Magistrate concerned has adopted the mixed proceedure for taking the
cognizance which is not legally permitted. The order dated 15.5.1992 is
illegal and same is hereby set aside. However, it is directed that learned
Magistrate concerned shall pass a fresh order in accordance with law after
affording opportunity of being heard to the complainant, O.P. No. 1 Lakhan
Singh Yadav.
Let a certified copy of this order may be sent to learned learned C.J.M.
Etawah with a week for the compliance.
With this direction, this application is finally disposed of.
Order Date :- 19.7.2010
RPD