- (1.) BY means of this petition, petitioners have challenged the order dated 22.08.2009 passed by Chief Judicial Magistrate, Ambedkar Nagar in Final Report Case No. 119 of 2009 in reference to Case Crime No. 1428 of 2008 under Sections 302/201 I.P.C., Police Station Akbarpur Kotwali, District Ambedkar Nagar.
(2.) FROM the record, it appears that F.I.R. was lodged by Smt. Manju Verma on 19.12.2008 in Police Station Akbarpur Kotwali, District Ambedkar Nagar alleging that her husband working in Eicher Agency, Akbarpur had gone for duty on 11th August, 2008 but did not come back. On 12th October, 2008 body of her husband in the shape of skeleton was recovered from the paddy field of Ram Badan Verma. She suspected that Janki, Arvind, Ashok, Gangole and Ram Sahai had murdered her husband. Post-mortem was done on 13.10.2008 but cause of death could not be ascertained. Right humorous and right femer were preserved. Investigating Officer submitted Final Report on 29.12.2008 observing that husband of informant died of drowning and that Smt. Manju Verma (complainant) has falsely implicated Janki Verma and others.
(3.) SMT . Manju Verma filed protest petition pointing out certain infirmities in the investigation. Learned Magistrate rejected the final report and summoned the accused persons treating it a State case under Sections 302/201 I.P.C. This very order passed on 22.08.2009 has been challenged before this Court by Janki Verma, Arvind, Ashok Kumar and Gangole, accused named in the F.I.R.;