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Judgment
Heard learned counsel for the parties.
Counsel for the appellants has informed the Court that appellant No.1 (Mohd. Iliyas Khan) has died. If so, appeal qua appellant No.1 abates.
By the impugned judgment, the High Court has merely relegated the parties before the trial Court for reconsideration of the matter after giving opportunity to the complainant/respondent No.1 before accepting the final report submitted by the police. The view so taken, in our opinion, is inconformity with the settled legal position.
The fact that the dispute is merely of civil nature or any other contention available to the accused-appellants can be considered at the appropriate stage.
For the time being, the limited issue to be noticed in the present appeal is whether the trial Court was justified in accepting the final police report without giving opportunity to the complainant/respondent No.1 to file protest petition and consider the objections, if any. On that count, the High Court has rightly observed that the trial Court committed manifest error and, therefore, relegated the parties before the trial Court. Hence, we decline to interfere. The appeal is dismissed.
However, we make it clear that none of the observations made by the trial Court or for that matter by the High Court in the impugned Judgment will come in the way of the prosecution or the accused-appellants. All questions are kept open to be decided at the appropriate stage by the concerned Court.