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Judgment
A. N. Gupta, J.—Smt. Shamina Khatoon, opposite party No. 2 had lodged an FIR at police station Cantt. District, Lucknow against the applicants upon which the police conducted an investigation whereafter they submitted final report against the applicants under Section 169 Cr. P.C. Thereafter, opposite party No. 2 moved protest application alleging therein that the police in connivance with the applicants had wrongly submitted final report. The opposite party No. 2 gajve evidence under Section 200 and 202 Cr.P.C. On 2951986 learned Magistrate passed an order in the following terms:
�Final report is rejected.
Register the case against the accused persons under Sections 147, 452, 504 and 427 I.P.C, only.
Summon them for 1681986.�
Against the above order, accused persons have preferred this petition under Section 482 Cr. P.C.
In spite of the fact that opposite party No. 2 was represented none appeared at the time of hearing and, therefore, this petition is being disposed of after hearing the learned Counsel for the applicants only. It was rightly argued by the learned Counsel for the applicants that the learned Magistrate while passing impugned order dated 2951986summoning the applicants have assigned no reason for rejecting the final report and there is no reference in the order that any evidence was adduced by opposite party No. 2 in support of her protest application. For these reasons, the impugned order, dated 2951986 cannot be sustained.
In the result, petition is allowed. The order dated 2951986 summoning the accused persons under Sections 147,452, 504 and 427 I.P.C. is quashed. However, the learned Magistrate is directed to pass a fresh reasoned order.