R.C. Deepak, J. - (1.) Heard Sri B.RJ. Pandey, learned counsel for the petitioner, learned AGA for the State and perused the record.
(2.) The present criminal misc. writ petition has come up against the orders dated 7.4.2004 and 17.8.2004 passed by the courts below on the protest petition filed against the submission of final report, disallowing the prayer for directing the case to proceed as State case / police challani.
(3.) The facts in brief of the case are that the petitioner has lodged an F.I.R. Dated 18.7.2004 against the respondent concerned. The police investigated the matter and finally submitted the final report. No notice was issued by the Court to the complainant before the final report was rejected in her case. In the meantime, since the police was dillying the investigation, her husband in the belief that the police while doing nothing in the matter, filed the complaint after the submission of the final report and application under Section 210 Cr.P.C. for consolidation was moved by her husband. The complainant/husband in the complaint, when the application was rejected, went in revision against this order, but the same was also rejected by the learned Sessions Judge. Again an application was made by the petitioner for taking cognizance, as the final report was already rejected.;