VIJAY KUMAR VERMA, J. - (1.) IS the Magistrate bound to adopt the procedure of complaint case in each and every case at the time of disposal of the final report and protest petition? Is the main question that falls for consideration in this revision, by means of which, the order dated 13.10.2004 passed by 6th Met­ropolitan Magistrate, Kanpur Nagar in Misc. Case No. 68 of 2004 under Sections 147,148, 441, 452, 506, 323,I.P.C. P.S. Kohna, District Kanpur Nagar has been, challenged.
(2.) BY the impugned order, the learned Magistrate after dismissing the protest petition of the complainant, accepted the final report in case crime No. C-7/2003 of P.S. Kohna, Kanpur Nagar. Shorn of unnecessary details, the facts leading to the filing of this revision, in brief, are that an application under Section 156(3) of the Code of Criminal Procedure (in short, 'the Cr.P.C.') was moved by the revisionist Sri Nawab Saiyyed Zafar Hussain in the Court of 6th Metropolitan Magistrate, Kanpur Nagar on 23.5.2002, which was allowed by the learned Magistrate vide order dated 5.8.2002, whereby S.O. P.S. Kohna was directed to register the case against opposite party Raj Kumar and investigate the same. That order was challenged by the prospective accused Raj Kumar in criminal revision No. 297 of 2002 in the Court of Sessions Judge, Kanpur Nagar, which was allowed by the Addl. Sessions Judge, Court No. 17, Kanpur Nagar vide order dated 31.3.2003, whereby the order dated 5.8.2008 passed by the Metropolitan Magistrate was set-aside and it was directed that the application under Sections 156(3), Cr.P.C. be treated as complaint. The order dated 31.3.2003 of lower revisional Court was challenged by the revisionist in this Court by means of criminal revision No. 5939 of 2003, in which interim order was passed on 15.10.2003, whereby the operation of the order dated 31.3.2003 was stayed. It appears that after staying the operation of the order dated 31.3.2003 by this Court, an F.I.R. was registered at P.S. Kohna, whereby a case under Sections 147, 148, 441, 452, 506, 323 I.P.C. was regis­tered at case crime No. C-7/2003 against Raj Kumar. After investigation, final report was submitted in that case on 14.4.2004, against which the revisionist filed protest petition (Annexure-9) on 8.10.2004. The learned Magistrate vide impugned order dated" 13.10.2004 dismissed the protest petition and accepted the final report. Hence, this revision.
(3.) I have heard Sri Ashwani Kumar Awasthi, learned Counsel for the revision­ist and learned A.G.A. for the State and perused the entire record carefully.;