M.N. Bhandari, J. - (1.) BY this criminal misc. petition, a challenge is made to the order dated 8.3.2011 passed by the Judicial Magistrate, Sikrai, Dausa so as the order dated 28.7.2014 passed by the Additional Sessions Judge, Bandikui, Dausa on a revision petition.
(2.) LEARNED counsel submits that on a FIR, investigation was made by the police followed by a negative final report. It was without proper investigation of the case. As many as 21 persons died apart from injuries to 25 persons, who were peacefully agitating their demands along with others. The police did not refer the post mortem reports and other material, collected during the course of investigation and, at the same time, statements of relevant witnesses have not been taken. The petitioner thus submitted protest petition raising all the issues. Learned Magistrate dismissed the protest petition while accepting negative final report. It was in ignorance of the fact that an offence under section 302 IPC apart from other offence was made out. Twenty one persons died out of the firing by the police and post mortem reports were sufficient to corroborate the allegations. The cause of death has been given therein but conveniently, it was ignored by the police and no credence to it was given by the court while dismissing the protest petition. The learned Magistrate further failed to consider that statements of eye witnesses were not recorded by the police during the course of investigation. The petitioner thus preferred a revision petition but it was also dismissed in ignorance of the grounds raised therein. The investigation cannot be said to be proper if a material evidence is not considered which includes not only postmortem reports but other documents apart from the statements of eye witnesses. As many as 25 persons sustained injuries. Their statements were recorded but had not been considered by the police during the course of investigation. Accordingly, impugned orders may be quashed and, at the same time, negative final report may be discarded. The cognizance of the offence may be taken on the protest petition submitted by the petitioner.
(3.) LEARNED PP has opposed the petition.;