Court No. - 49
Case :- APPLICATION U/S 482 No. - 8135 of 2021 Applicant :- Ramsaran Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Anurag Prasad,Ravindra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. None for the applicant. Sri Gambhir Singh, learned AGA for the State is present.
2. This application has been filed being aggrieved of the order dated 14.8.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act/Special Judge, Dacoity Affected Area, Chitrakoot, whereby learned court has accepted the protest petition of the petitioner on final report No. 60 of 2019 filed in Case Crime No. 218 of 2018 under sections 147, 148, 149, 504, 506 IPC and Section 3(1) 10 SC/ST (Prevention of Atrocities) Act, Police Station- Pahadi, District-Chitrakoot between Ramsaran and Rajendra and others.
3. Perusal of the petition reveals that petitioner's contention is that petitioner has lodged FIR on 27.11.2018, in which final report was submitted by the police mentioning therein that as per evidence collected by the Investigating Officer, commission of offence was not found and therefore to this effect final report was presented. Petitioner was called upon to record his statement on the final report. Petitioner filed protest petition that has been accepted and instead of directing the police to make further investigation, court concerned has directed to register the protest petition as complaint case. Complainant has been asked to record his statement under section 200 Cr.P.C.
4. Learned AGA submits that there is no illegality in the impugned order. Protest petition has been accepted.
5. In case of Satyapal and Others vs. State of U.P.; 1988 (25) ACC 326, it is held that the Magistrate is free to reject the police report, and act on the protest petition. But this he can do only if the protest petition comprises of all ingredients of the complaint, which has been defined under Section 2 (d) Cr.P.C. In that case, the procedure to be followed will be that of a complaint case and statement under Section 200 Cr.P.C. will have to be taken and then the Magistrate may decide how to proceed thereafter. Thus, the procedure itself envisages that if the protest petition comprises of all the ingredients of a complaint, then Magistrate can follow the procedure, prescribed for a complaint case.
6. Applicant has not brought on record any material to show that despite, protest petition not fulfilling the requirements of a complaint as defined under Section 2 (d) Cr.P.C. yet it has been treated as complaint case. In absence of any such material, treatment of the protest petition, as a complaint case, cannot be faulted with. Therefore, petition fails and is dismissed.
Order Date :- 30.7.2021 Vikram/-S