Nageshar vs State of U.P.

K. C. Bhargava, J.—This is a petition under Section 482 Cr. P.C.

Heard learned Counsel for the applicant and the State who agree that this petition may be disposed of finally at this stage.

Learned Counsel for the applicant has argued that in the alleged F.I.R. on which the police got investigation done and after investigation the police submitted the final report on 131988. The learned Magistrate by an speaking order did not accept this final report and has summoned the applicant under Section 182 I.PC. According to the leaened Counsel for the applicant could not have been summoned unless the final report is accepted.

After perusing the documents on record it will be clear that on 131988 the final report was submitted by the police but the learned Magistrate has neither accepted the same nor rejected the same. Unless the final report is accepted by the learned Magistrate how the applicant could have been summoned by him for an offence under Section 182 I.P.C. First he should have passed the appropriate order on the final report and thereafter if he finds fit on the material on record, tnat the proceedings under Section 182 I.P.C. should be drawn against the applicant then only he will have jurisdiction to proceed under that section.

As these proceedings have not been complied with the order of learned Magistrate summoning the applicant under Section 182 I.P.C. can not be sustained. Till the order is passed on the final report the petition is allowed and the order, dated 1351988 and the proceedings in pursuance of the same is also quashed. However, the learned Magistrate may take any action if he deems fit after passing suitable order on the final report submitted by the police. With these observations the petition is disposed of finally.