N.K. Mehrotra, J. - (1.) THIS is a criminal revision under Section 397/401 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure against the order dated 17.5.1996 passed by the Chief Judicial Magistrate, Lucknow, in Criminal Misc. Case No. 2 of 1996, Abdul Hakeem v. Late Sarwar Hussain and five Ors., rejecting the objection filed by the applicants against the final report dated 24.1.1996 submitted by the C.B.C.I.D. in Crime No. 148 of 1993 under Sections 302, 341, 506, 182, 201 and 218, I.P.C. in Crime No. 147 of 1993 under Section 25 Arms Act and Crime No. 226 of 1993 under Section 307, I.P.C.
(2.) NOBODY appeared from the side of the revisionists. Heard the learned Additional Government Advocate and perused the record. It appears that on the night in between 14/15.4.1993, the husband of the revisionist No. 1 Sarwar Hussain was murdered, when he was driving a Maruti Van while coming from Faizabad. Abdul Hakeem lodged a report and a criminal case was registered at Crime No. 143 of 1993 and 148 of 1993. Another F.I.R. was lodged by the S.H.O., P.S. Gomti Nagar, showing it as encounter and the death of Sarwar Hussain by firing of constable Shiv Kumar Tiwari, the revisionist No. 2. Another Criminal Case No. 226 of 1993 under Section 307, I.P.C. was registered. Besides the registration of two criminal cases above, the revisionist Shiv Kumar Tiwari filed a criminal complaint against the Senior Superintendent of Police, Lucknow Shailja Kant Mishra, S. P. City, Lucknow and other police officers. This criminal case was registered as Criminal Case No. 2699 of 1993 Shiv Kumar Tiwari v. State and Ors. In this complaint case, the C.B.C.I.D. moved an application under Section 210 of the Code of Criminal Procedure for staying the proceedings which was rejected by the Chief Judicial Magistrate on 10.5.1993. The C.B.C.I.D. filed a Revision No. 119 of 1993 against the order dated 10.5.1993. Subsequently, the C.B.C.I.D. submitted final report in Crime Nos. 147 of 1993, 148 of 1993 and 226 of 1993. The Criminal Revision No. 119 of 1993 pending in this Court being infructuous has been rejected by the separate order because the application under Section 210 of the Code of Criminal Procedure has become infructuous after submission of the final report in the aforesaid crimes.
(3.) ON the final report in the aforesaid Crime Nos. 147 of 1993, 148 of 1993 and 226 of 1993, a protest petition was filed by two persons namely ; Zarina Khatoon wife of deceased Sarwar Hussain and Shiv Kumar Tiwari, Revisionist No. 2. This protest petition has been dismissed by the impugned order dated 17.5.1993 Annexure -22 on the ground that neither of the two Petitioners, was the complainant in those cases registered at Crime Nos. 147 of 1993, 148 of 1993 and 226 of 1993 and on the ground that in the case diary, there is no evidence on the basis of which the accused -persons can be summoned. At the same time, the learned Chief Judicial Magistrate observed that even if, the final report is accepted, the cognizance can be taken on the complaint filed by Shiv Kumar Tiwari, the revisionist No. 2, if sufficient evidence is produced by Shiv Kumar Tiwari in his own complaint. I find that the Chief Judicial Magistrate has given valid ground for rejecting the protest petition filed by the revisionist. Therefore, this revision is liable to be dismissed.;