- (1.) Heard Sri Daya Shankar Mishra, learned counsel for the applicant, Sri K.D. Tiwari, learned counsel for opposite party nos.2 to 6, Sri Om Narain Tripathi, learned A.G.A.-I assisted by Sri Bhanu Pratap, Brief Holder for the State and perused the material brought on record.
(2.) By way of the instant application, the applicant has sought for quashment of the order dated 08.06.2018 passed by the Chief Judicial Magistrate, Bijnor, in Misc. F.R. Case No.411 of 2017 whereby final report submitted by the police in Case Crime No.70 of 2017 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Po lice Station Shivalakala, District Bijnor was treated as complaint case on the protest of the complainant - applicant.
(3.) Contention raised on behalf of the applicant is confined to the ambit that from bare perusal of the observation/analysis of the order impugned in the instant application, it is reflective of fact that the Magistrate concerned was not satisfied with submission of the final report as such, has categorically observed that he disagrees with the final report. In that event, the Magistrate was bound to proceed further and could have taken cognizance of the case, instead, he treated the protest petition filed by the applicant as complaint which under circumstances was unfair, unreasonable, unjust and illegal.;