Brahma Singh and Others vs State of U.P. and Another

M. Wahajuddin, J.—This is an application u/s 482 Code of Criminal Procedure for quashing the order of the Magistrate dated 26-11-1983 summoning the applicants under Sections 147 and 323 IPC.

The two points urged by the Petitioners'' counsel are, firstly, that there is no compliance of Section 204(2) Code of Criminal Procedure and that the provisions of Section 207 Code of Criminal Procedure would be defeated if cognizance is taken in this manner. The cognizance has been taken on a final report submitted by the police and when that is the position procedure of the complaint case would not apply. There is a direct authority of Abhinandan Jha and Others Vs. Dinesh Mishra, . It was argued that the authority is distinguishable as it related to complaint case. It is not so. In that case also the police had submitted a final report and the matter arose for consideration in that context and the Supreme Court held that while the Magistrate cannot direct the Police itself to submit charge sheet it can nevertheless take congizance on the basis of very final report submitted by the police and proceed. This principle has been further affirmed and also developed in the case of H.S. Bains v. State 1980 AWC 619 : 1980 ACR 423. There are two pronouncements of this Court also dealing with the aspect, namely, Mohd. Sharif v. State of U.P. 1984 PIC 740, Allahabad High Court in which reliance upon the aforesaid two pronouncements was placed and the same view was taken, and Satyanarian v. Smt. Shanti 1984 ACR 521 in which also the same view was taken after considering the case of Abhinanadan Jha and H.S. Bains (supra).

As regards the argument that copies of statement have not been frunished, obviously if it is desired copies of the statements in the case recorded u/s 161 Code of Criminal Procedure can well be furnished by the Magistrate on such request. The order taking cognizance is perfect and in accordance with law. The revision preferred against such orders has also been dismissed as per copy annexed. This petition u/s 482 Code of Criminal Procedure has absolutely no force and it is dismissed.

Petition dismissed.