RAM ASHREY BHARTI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri S.S. Rathore and Kapil Rathor, learned counsel for the petitioner and the learned A.G.A.

(2.) THIS petition has been filed against the order dated 17-8- 2004, passed by the learned Judicial Magistrate, Orai District Jalaun in Crl. Misc. Case No. 157 of 2003, whereby the final report submitted by the Investigating Officer was accepted and the protest petition filed by the petitioner was rejected and the order dated 17-12-2004 passed by the learned Sessions Judge, Jalaun at Orai in Criminal Revision No. 394 of 2004, by which the revision filed by the petitioner was dismissed.

(3.) AFTER considering the police report as well as the protest petition, the statement of the petitioner and the statement of the other witnesses, the learned Magistrate accepted the final report and rejected the protest petition filed by the petitioner on 17-8-2004. The order dated 17-8-2004 is illegal because the learned Magistrate has not perused the police report and there is no finding of the learned Magistrate to show that a fair investigation was done by the Investigating Officer and without recording such finding, the learned Magistrate accepted the final report.