SHRI KANT TRIPATHI, J. - (1.) HEARD Mr. Amit Mishra for the applicants and Sri PS Pundir for the respondent no. 2 and the learned AGA for the respondent no. 1 and also perused the record.
(2.) THIS is a petition under Section 482 of the Code of Criminal Procedure (in short "the Code") for quashing the order dated 05.05.2008 passed by the II-Judicial Magistrate, Court No. 15, Saharanpur in Criminal Case No. 347 of 2008 (Kuldeep v. Mahendra and others) arising out of Case Crime No. 46 of 2007 under Sections 307, 324, 504 and 506 IPC, P.S. Rampur Maniharan, District Saharanpur. It appears that in the aforesaid case, the Police submitted a final report against which the respondent no. 2 filed a protest petition along with his own affidavit and the affidavits of the witnesses, namely; Rajveer, Raj Singh, Ved Pal and Sandeep. The learned Magistrate perused the case diary and the statements of the complainant and the injured recorded by the Investigating Officer and also took into account the injury report of the injured and arrived at the conclusion that the final report was not justified and as such he rejected the final report and directed issue of processes against the applicants.
(3.) MR . Amit Mishra, the learned counsel for the applicants submitted that the impugned order passed by the learned Magistrate was unwarranted in law in view of the fact that he took into account the affidavits filed by the complainant and the witnesses. Instead he could pass the order only on the basis of the materials collected during the investigation. The impugned order, which is based on extraneous materials, is bad in law.;