Bhanwar Singh and Another vs Balwant Dan and Another

B.R. Arora, J.—This miscellaneous petition is directed against the order dated July 1988, passed by the Munsif and Judicial Magistrate, Sumerpur, by which the learned Magistrate accepted the Final Report and discharged the accused Balwant Dan for the offences Under Sections 467, 468, 471, 420 and 120B IPC.

The Chairman, Municipal Board, Sumerpur, lodged a First Information Report at the Police Station, Sumerpur, Under Sections 467, 468, 471, 420 and 120B IPC. The police, after necessary investigation, presented the Final Report in the matter. After submission of the Final Report, initially the Municipal Board objected to the acceptance of the Final Report, but thereafter the Chairman, by its order dated January 13, 1977, informed the Court that the Municipal Board is satisfied with the Final Report and does not want to proceed-with the matter any further and it was requested that the proceedings may be dropped. Though the Chairman, Municipal Board, Sumerpur, who was the complainant in the case, agreed with the Final Report and requested the Court to accept the Final Report and to drop the proceedings, but Bhanwar Singh and Awatar Singh who were the Municipal Councillor of Municipal Board, Sumerpur, objected to the acceptance of the Final Report. The learned Magistrate, by his order dated July 19, 1988, after considering the whole materials on record, accepted the Final Report. It is against this order that the present petition u/s 482 Cr. PC has been filed by Bhanwar Singh and Awatar Singh.

I have heard the learned Counsel for the petitioners, the learned Counsel for the accused Balwant Dan and the learned Public Prosecutor and perused the record of the case.

After the perusal of the record and the order passed by the learned lower Court. I am of the opinion that the order passed by the learned lower Court cannot be said to be perverse or illegal. The learned Magistrate has properly appreciated the evidence and has rightly arrived at the conclusion. The facts emerging from the evidence collected by the police during investigation, does not disclose the existence of any of the offence against Balwant Dan. Even the complainant the Chairman, Municipal Board, Sumerpur, was satisfied with the Final Report submitted by the police and did not object to the acceptance of the same by the learned Magistrate. As the order passed by the learned lower Court does not suffer from any infirmity and cannot be said to be, in any way, improper, illegal or incorrect, no interference by this Court u/s 482 Cr. PC. is called for. 5. Consequently, this miscellaneous petition, filed by the petitioners has got no force and is hereby dismissed.