HARISH CHANDRA TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. Through this ap plication under Section 482 Cr. P. C. the applicants challenge the order dated 4-11-1995, as per annexure-19, the order dated 19-3-1997 summoning them in the trial, as per Annexure-21, as also the charge-sheet, as per Annexure-20 and have prayed for quashing of these orders and the charge- sheet as well as the entire criminal proceedings now pending before the IInd ACJM, Allahabad, in Criminal Case No. 253 of 1997, under Sections 147,148,149, 323,324,325,505,506 and 3071pc.

(2.) THIS criminal case arose out of case Crime No. 290aof 1994. After an FIR was lodged investigation was taken up and police had submitted a final report. The complainant had raised an objection which was heard by the Magistrate and he directed investigation afresh by his order dated 4-11-1995 which is under challenge. On a subsequent investigation a charge-sheet was submitted, cognizance was taken and the present applicants were sum moned and this order was also challenged. It was urged that the Magistrate had wrongly relied on the materials placed before him alongwith the objection against the final report and had wrongly directed further investigation. It was contended that all the injuries on the part of the complainant and others were manufactured ones and although there was a medical report supporting the in juries, a board was subsequently con stituted under the orders of the Commis sioner of the Division and the injured per sons never appeared before the board and this would only suggest that there were no in juries at all.

(3.) IN the second investigation, that was directed by the Magistrate, police sub mitted a charge-sheet. The materials are proposed to be assailed on the ground, as stated above, that there was doubt regard ing existence of injuries. It has already been observed that it must be left to the trial Court for appreciation of the evidence. It is within the competence of the Magistrate, it may be reiterated, to have acted upon the charge- sheet and when he takes cognizance upon the charge-sheet and when it is not the case of absolute absence of the evidence in the case-diary barring the alleged discrepancy on existence of injuries, the order of the Magistrate may not be interfered with.