Kamta Nath vs State of U.P.

D.K. Trivedi, J.—By means of this petition, the petitioner prays for quashing of the order dated 1961985 by which the petitioners were summoned under Sections 323, 324 I.P.C. by the learned Magistrate.

It is submitted by the petitioner''s counsel that in said case a final report was submitted by the Police after investigation but the Judicial Magistrate, Sultanpur without applying his mind or looking into the matter as to whether final report submitted by the police is acceptable or not passed an order of summoning. It is the settled law that as soon as final report is submitted, the Magistrate shall issue notice to the complainant and thereafter shall decide as to whether the conclusions arrived at by the Police arc correct or not. If the Magistrate is dissatisfied with the conclusions arrived at by the Police and finds some evidence to show that prima fade offence is made out, then either he will summon the accused or direct for further investigation or treat the application as complaint. From a perusal of the summoning order it appears that the Magistrate after receipt of the final report directed that case be registered and the accused be summoned. In these circumstances the summoning order is, on the face of it, illegal hence the same is quashed. The stay order stands vacated. The Judicial Magistrate Sultanpur is directed to consider the final report again and pass suitable orders in accordance with law. With this observation the petition is allowed. Petition allowed.