D.D.Seth, J. - (1.) This reference has been made by the learned Additional District Magistrate (J.), Ghazipur, and arises out of the following circumstances.
(2.) One Virendra Pratap Singh lodged a first information report at police station Nandganj on February 27, 1965, alleging therein that Ram Surat Singh and other opposite parties to this reference, on the early morning of that date, took away 30 bundles of Bejhar crop belonging to Virendra Pratap Singh from his field. On this report an investigation was made by the police authorities of police station Nandganj and a case against Ram Surat Singh and others was registered under Sections 379/504/506 I.P.C.
(3.) After investigation the police officials submitted a final report before the learned Judicial Officer on April 9, 1965, but even before that date Virendra Pratap Singh suspected that the police investigation may not support his allegations made in the first information report and hence he moved a protest petition before the learned Magistrate requesting him that if the police submitted any final report that report should not be accepted. After the learned Magistrate received the final report from the police he took up the protest petition of Virendra Pratap Singh and after hearing him and the Assistant Public Prosecutor the learned Magistrate did not accept the final report submitted by the police and ordered the police to submit a chargesheet in the case. This order was passed by the learned Magistrate on May 18, 1965. Thereafter, the learned Assistant Public Prosecutor moved an application praying that the order dated May 18, 1965 calling for a charge-sheet from the police passed by the learned Magistrate should be recalled as it was against law. On that application the learned Magistrate, on September 22, 1965, passed the following order: "The learned A.P.P. has moved an application for review in the matter of a protest petition moved by one Virendra Pratap Singh in a crime case No. 29 under Section 379 I.P.C. to the effect that the original report be accepted or in the alternative the accused be summoned. Heard the arguments and perused the legal position of the matter, I find that my order dated May 18, 1965 calling the charge-sheet under Section 379 I.P.C. stands hold good and there is nothing left open to be reviewed. This review application is hereby rejected. The A.P.P. is directed to comply with the order dated May 18, 1965.";