Munawar & Others vs State Of U.P. & Another
2013 Latest Caselaw 747 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 

 
Case :- CRIMINAL REVISION No. - 3101 of 2009
 

 
Petitioner :- Munawar & Others
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- Zafar Abbas
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Case called out in the revised list.

Heard learned counsel for the revisionists and learned A.G.A

The present criminal revision has been filed against the summoning order issued by the learned Magistrate on the basis of a protest petition filed against the final report.

Learned Magistrate has considered the protest petition and the final report in the exercise of the power under section 190 Cr.P.C. which lays down as follows :-

Section 190 Cr.P.C. - "Cognizance of offences by Magistrate - (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence-

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(b) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed."

Learned Magistrate has taken cognizance of the offence. As such, there is no procedural illegality in the order so passed. The application of mind to the extent as is required under Section 204 Cr.P.C. is duly done by the learned Magistrate before issuing the process. The revision, therefore, appears to have no force in itself and is liable to be dismissed as such.

The revision is accordingly dismissed as such.

Order Date :- 10.4.2013

Monika