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2014 DIGILAW 2540 (ALL)

Abhay Kumar Pandey v. State of U. P.

2014-08-20

VIPIN SINHA

body2014
JUDGMENT Hon'ble Vipin Sinha, J. Heard Sri Brijesh Sahai, learned counsel for the applicants, Sri Raghu Bans Sahai, learned counsel for opposite party no.2 and learned A.G.A. for the State. 2. This application under Section 482 , Cr.P.C. has been filed for quashing the entire proceeding of case no. 1949 of 2014; State Vs. Abhay Kumar Pandey and others, U/s 452, 323, 324, 308, 504, 506 IPC, P.S. Kotwali, District Fatehpur as well as quashing the order dated 15.7.2014 passed by learned Chief Judicial Magistrate, Fatehpur. 3. Perusal of the order impugned dated 15.7.2014 shows that court below while rejecting the final report has accepted the protest petition. 4. Learned counsel for the applicants strongly contended that the order impugned is not sustainable in the eyes of law on the ground that while rejecting the final report and accepting the protest petition, the court below has relied upon the affidavits. 5. However, a perusal of the order impugned shows that the court below while rejecting the final report and accepting the protest petition has concluded that final report which has been submitted appears to be submitted in arbitrary manner and the perusal of the record shows that the investigating officer has ignored recording the statements of complainant and others and the medical report was not properly appreciated by the investigating officer. Thus, under these circumstances, the final report was rejected and protest petition was allowed summoning the accused, prima facie, under section 452, 323, 324, 308, 504, 506 IPC. 6. In view of the findings as recorded by the court below in the order impugned, there is no ground which may warrant any interference by this Court in exercise of inherent power conferred under 482 Cr.P.C. Accordingly, the application lacks merit and is dismissed.