- (1.) Heard the learned counsel for the petitioner, the learned Public Prosecutor for the Non-petitioner No. 1 and the learned counsel for the Non-petitioner No. 2.
(2.) This petition is filed under Section 482, Criminal Procedure Code by which it is prayed that the First Information Report No. 389 of 1995 registered at Police Station Hanumangarh Town be quashed.
(3.) It is submitted by the learned counsel for the petitioner that the Non- petitioner No. 2 Devendra Kumar had filed a complaint in the court of Additional Chief Judicial Magistrate, Hanumangarh on 3.12.1993 alleging the commission of the offence under Sections 420, 467, 468, 471 and 120-B, Indian Penal Code & that complaint was forwarded to the Station House Officer of the Police Station Hanumangarh under Section 156(3) of the Criminal Procedure Code for investigation and, in compliance with the order passed by the Chief Judicial Magistrate the police registered the First Information Report No. 543 of 1993 at the police station. An investigation was conducted and after investigation the police submitted the final report under Section 173 of the Criminal Procedure Code before the Additional Chief Judicial Magistrate, Hanumangarh. The complainant (Non-petitioner No. 2) filed a protest petition on 12.12.1994 in the court of Chief Judicial Magistrate, Hanumangarh. The protest petition and the final report submitted by the police were considered by the Chief Judicial Magistrate, Hanumangarh and on 12.12.1994, the Chief Judicial Magistrate, Hanumangarh accepted the final report submitted by the police and directed the case to be listed for recording the evidence of the complainant under Section 200 of the Criminal Procedure Code, treating the protest petition as a complaint. It is further submitted by the learned counsel for the petitioner that on 5.7.1995 the complainant (Non-petitioner No. 2) filed another complaint in the court of the Chief Judicial Magistrate, Hanumangarh on the same facts as were alleged in the first complaint and in the protest petition. The second complaint was also forwarded to the Station House Officer of the Police Station Hanumangarh Town by the Chief Judicial Magistrate under Section 156(3) of the Criminal Procedure Code and in compliance of the order passed by the Chief Judicial Magistrate another First Information Report No. 389 of 1995 was registered at the Police Station Hanumangarh.;