- (1.) RAVINDRA Singh, J. Heard Sri Satya Prakash Srivastava and Sri Rajesh Pratap Singh, the learned Counsel for the applicants and learned A. G. A.
(2.) THIS application has been filed with a prayer to quash the order dated 2-4-2007 passed by the Chief Judicial Magistrate, Jaunpur in Case No. 140 of 2007, whereby the learned Magistrate has rejected the final report and accepted the protest petition, has taken the cognizance and summoned the applicants to face the trial for the offences punishable under Sections 323, 325, 504, 506 and 452 I. P. C. and Section 3 (1) X of S. C. /s. T. (PA) Act. It is contended by the learned Counsel for the applicants that in the present case learned Magistrate has taken cognizance only on the basis of material collected by the I. O. , i. e. , police report, whereas it has been specifically alleged by the first informant in the protest petition that I. O. has not recorded the statement of the witnesses seen the spot inspection was not done by the I. O. and the I. O. has obtained the affidavits of the villagers at the police station with an object to submit the final report and then submitted the final report in the Court of learned C. J. M. , Jaunpur. It is further contended that the learned Magistrate concerned has not recorded any finding that on the basis of the material collected by the I. O. prima facie offences under Sections 323, 325, 504, 506, I. P. C. and Section 3 (1) X SC/st (PA) Act is made out, the impugned order has been passed in a routine manner without perusing the case diary.
(3.) IT is further contended that it is surprising that the final report has been rejected and on the basis of the same final report, the learned Magistrate concerned has taken the cognizance and summoned the applicants which is self contradictory, therefore, the impugned order is illegal and is liable to be set aside. In reply of the above contentions the learned A. G. A. submitted that the impugned order is well reasoned which shows that it has been passed after perusing the case diary and applying the judicial mind and there is no contradiction in rejecting the final report and summoning the applicants to face the trial, there is no illegality in the impugned order, the present application is liable to be dismissed.;