S.C.CHAURASIA,J. - (1.) HEARD the learned Counsel for the petitioners, learned A.G.A. and perused the record.
(2.) THIS petition under Section 482, Cr.P.C., has been filed with the prayer that the impugned orders dated 28-6-2008 and 23-10-2007, passed by the learned Ses­sions Judge, Faizabad, and learned Judi­cial Magistrate-II, Faizabad, respectively, may be quashed. The learned Counsel for the peti­tioners has submitted that the impugned orders dated 28-6-2007 and 23-10-2007, are illegal on the face of it and hence, the same deserve to be quashed. His con­tention is that the learned Magistrate, was not empowered to take cognizance under Section 190(1)(b), Cr.P.C. on the ba­sis of the protest petition and evidence/documents produced therewith.
(3.) ON the basis of the F.I.R. lodged against the accused, the investigation was conducted. After completion of the investigation, the final report was submit­ted. In response to the notice issued by the concerned Court, the complainant filed the protest petition and also filed certain documents. The impugned order dated 23-10-2007, indicates that the final report No. 33 of 2003 was rejected and the cogni­zance under Section 190(1)(b), Cr.P.C., was taken on the basis of the protest pe­tition and the documents filed therewith, and the accused/petitioners were sum­moned under Sections 419,420,467,468, 471, 409, I.P.C. The revision against the said order was also dismissed vide judg­ment and order dated 28-6-2008 passed by the learned Sessions Judge, Faizabad.;