- (1.) This Criminal Revision u/s 397/401 Cr.P.C. has been filed by Rajendra Singh, Vimla Devi, Pankaj Singh and Km. Ranjana against order dated 04.12.2019 passed by learned C.J.M., Chitrakoot, in Final Report Case No. 406 of 2018 arising out of Case Crime No. 188 of 2018, u/s 498A, 304B I.P.C. and section 3/ 4 D.P. Act, P.S. Mau, District Chitrakoot, whereby learned Magistrate has rejected final report and ordered for further investigation.
(2.) Learned counsel for revisionists argued that it was a case of accident, wherein deceased was taken to hospital and was hospitalized there at. But unfortunately she succumbed to above burn injury. Her dying declaration was recorded by Executive Magistrate, wherein nothing incriminating was against the revisionists and on the basis of it, final report was submitted. However, protest petition was filed by informant and on the basis of contention of informant, the Magistrate passed the impugned order. Whereas the Magistrate was not competent to take prosecution version at the time of disposal of final report supplemented by protest petition. Rather it was case diary and contents thereof, which was to be taken into consideration. The Magistrate may proceed under Chapter XV of the Code of Criminal Procedure by examining complainant u/s 200 Cr.P.C. and his witnesses u/s 202 Cr.P.C. But he cannot direct for further investigation particularly upon a particular fact. But in this regard too above impugned order has been passed. Hence this revision.
(3.) Learned AGA has vehemently opposed the revision.;