Anil Kumar Srivastava, J. - (1.) Petition has been filed challenging the order dated 7.5.2005 passed by the learned Magistrate rejecting the final report filed by the Investigating Officer in case crime no.134/04, under section 143, 323, 504, 427, 379 IPC, Police Station Kaudihar, District Pratapgarh in Criminal Revision no.356/05, Laxmi Shankar and Others vs. State dated 17.3.2008 whereby impugned order was confirmed and the revision was dismissed.
(2.) A first information report was lodged by one Nanhe Lal regarding an incident which takes place on 16.11.2004 at 05:00 PM. First information report was lodged on 8.12.2004 which was registered at Crime No.134/04, under Section 147, 323, 504, 427, 379 IPC, Police Station Kaudihar, District Pratapgarh. Investigation was conducted and a final report dated 21.12.2004 was submitted by the Investigating Officer.
(3.) Complainant filed the protest petition against the final report and also filed affidavits of witnesses. Learned magistrate considered the affidavits filed by the witnesses along with the protest petition and allowed the protest petition rejected the final report and took cognizance under section 190(2) CrPC. A revision was filed by the accused which was decided by the learned revisional court holding that there is no irregularity and illegality in the impugned order.;