D.S. Mathuk, J. - (1.) THIS is an application by Nand Singh for punish me the opposite party No. 1, Sardar Singh, Public Prosecutor of Etawah, for con tempt of the court of Sri. B.L. Sachdeva, Magistrate, and of the court of the Addl. District Magistrate (Judicial), Etawah.
(2.) THE material facts of the case are not in dispute though the opposite party has given his explanation for his conduct, at the same time denying 'that he had acted with a dishonest intention. Nand Singh, applicant,, lodged a report at P.S. Kotwali, Etawah, on September 20, 1961, at 11.55 p.m. alleging that one Dhirendra Mohan had administered poison to him that evening at about 7.30 p.m. at Ajitmal, P.S. Ajitmal(sic) of Distt. Etawah. The investigation of the crime was started by S.I., M.P. Tragi, Station Officer of P.S. Ajitmal, but on an application made by the applicant the Superintendent of Police entrusted the investigation of the crime to the Circle Inspector, Sri Lalloo Sinph. The Circle Inspector submitted a report under Section 173(1)(a) Code of Criminal Procedure on April 22, 1962, with his finding that no prima facie case had been made out and the accused, Dhirendra Mohan, be discharged. In this State such a report is called a "Final Report" and it shall hereinafter be referred to as the Final Report.
(3.) THE then Public Prosecutor received the Final Report on May 3, 1962, and on May 25, 1962, directed the Assistant Public Prosecutor, N.K. Jain, to obtain the orders of the Magistrate concerned. The Assistant Public Prosecutor,, however, submitted the Final Report to the Magistrate, Sri B.P. Srivastava, Judicial Officer Aquaria, on September 15, 1962. The opposite party, Sardar Singh, had taken over charge as Public Prosecutor, Etawah, on June 26, 1962.;