Smt.Kalpraji And 10 Ors. vs State Of U.P. And Another
2013 Latest Caselaw 2063 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 1826 of 2007
 

 
Petitioner :- Smt.Kalpraji And 10 Ors.
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Janardan Singh
 
Respondent Counsel :- G.A.,Ram Prakash Singh
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A., R.P.Singh, for O.P. No. 2.

This application has been filed with a prayer to set aside the order dated 31.1.2007 passed by learned Judicial Magistrate/ I-Addl. Civil Judge, Gonda in Misc. Case No. 39 of 2006 whereby the learned Magistrate concerned has rejected the final order and summoned the applicants to face the trial for the offence under section 419, 420 IPC and order dated 21.12.2006 passed by learned Sessions Judge, Gonda whereby the revision filed by the applicants has been dismissed.

From the perusal for the record it appears that in the present case the FIR has been lodged in case crime No. 636 of 2004 under sections 419, 420 IPC, P.S. Tarabganj, District Gonda in which after completing the investigation the final report has been submitted, the same has been challenged by the O.P. No. 2 by way of filing the protest petition. The learned Magistrate concerned has rejected the final report and treated the protest petition as a complaint. That order was challenged by O.P. No. 2 by way of filing the Crl. Revision. The learned revisional court set aside the said order and learned Magistrate concerned was directed to pass a fresh order. In pursuance of that order the learned Magistrate concerned passed the impugned order on 31.1.2007.

From the perusal of the order dated 31.1.2007 it appears that the learned Magistrate concerned perused the case diary and has come to the conclusion that in the present case the I.O. has submitted the final report in hurry without doing the proper investigation or collecting the other material available, but learned Magistrate concerned has not directed for further investigation. In such cases the further investigation is required because the matter is with regard to the cheating. The learned Magistrate concerned without disclosing his opinion with regard to the constitution of any offence or without disclosing the opinion that the material collected by the I.O. was sufficient for the prosecution of the applicants summoned the applicant directly. Therefore, the order dated 31.1.2007 is illegal the same is hereby set aside and it is directed that the learned Judicial Magistrate, Gonda/ I-Addl. Civil Judge (Jr.Div.), Gonda shall pass a fresh order in accordance with law expeditiously, if possible within two months from the date of filing of certified copy of this order.

The interim order dated 10.7.2007 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 14.5.2013/RPD