Judgment : 1. Rule. 2. By consent, rule made returnable forthwith. 3. Respondents waive service. 4. By consent, heard finally forthwith. 5. The petitioner had filed a complaint against the respondent nos.2 and 3 herein who were mentioned as accused nos.1 and 2, respectively, therein, alleging commission of a number of cognizable offences by them. On this complaint, the learned Magistrate passed an order as contemplated under Section 156(3) of the Code of Criminal Procedure. Pursuant to this order of investigation the police investigated into the matter and filed a final report. In the final report, the police submitted that a case for proceeding was made out only against the accused no.1 and that too only in respect of some of the offences mentioned in the complaint/F.I.R. i.e. the offences punishable under Section 447 IPC, 453 IPC, 455 IPC. The police mentioned in the final report that the complaint against the accused no.2 i.e. the respondent no.3 herein was not bonafide and that as he was not present at the time of the incident, his name had been 'dropped from the wanted accused'. Being aggrieved thereby, the petitioner has approached this Court invoking its jurisdiction under Article 227 of the Constitution of India, and its inherent powers saved by Section 482 of the Code of Criminal Procedure. 6. I have heard Mr.Patil, the learned counsel for the petitioner. I have heard Mr.Saraogi, learned counsel for the respondent nos.2 and 3. I have also heard Ms.Kaushik, the learned A.P.P. for respondent no.1. 7. The only contention raised by the learned counsel for the petitioner is that 'since in the final report the police recorded their conclusion that no case for proceeding against the accused no.2 had been made out and since they decided to drop his prosecution, it was necessary on the part of the Magistrate to whom the report was submitted to have heard the petitioner -original complainant before accepting such a conclusion of the police'. Mr.Saraogi, the learned counsel for the respondent nos.2 & 3, on the other hand submitted that such right to be heard is available to the complainant only if a summary would be filed and not when a charge-sheet would be filed. Mr.Saraogi, the learned counsel for the respondent nos.2 & 3, on the other hand submitted that such right to be heard is available to the complainant only if a summary would be filed and not when a charge-sheet would be filed. He submitted that the report dropping the prosecution of the respondent no.3 is actually a charge-sheet and that principle of giving a hearing to original complainant and first informant would not be applicable in the instant case. He also suggested that the way the report is worded it cannot be said that the respondent no.3 has been discharged from the case. 8. I am unable to agree with the learned counsel. It is obvious that the investigating agency has decided to drop the prosecution of the applicant -accused no.2 i.e. the respondent no.3. Therefore, though the report is one to which the provisions of Section 170 of the Code would apply so far as the accused no.1 is concerned, since the investigating agency had taken a final decision of dropping the prosecution against the accused no.2, it was necessary for the Magistrate to have given a notice to the petitioner in that regard and heard him. 9. The legal position in that regard is well settled. When the police decide to not to take any action, or drop the action against any person whose name is in the First Information Report as an accused and submit a report to the Magistrate that there is no case for proceeding against such person, the first informant must be given an opportunity to be heard in the matter before such report of the police is accepted by the Magistrate. 10. Since this has not been done, the petition deserves to be allowed. 11. The petition is allowed. 12. The matter is remanded back to the learned Magistrate who shall consider whether or not there are grounds for proceeding against the accused no.2, also after giving to the petitioner i.e. the original complainant, an opportunity of being heard in the matter. 13. The petition is disposed of accordingly. 14. Rule is made absolute in the aforesaid terms.