Salma v. State Of U.P. & Others

Court No. - 50

Case :- CRIMINAL REVISION No. - 3363 of 2010

Petitioner :- Salma Respondent :- State Of U.P. & Others Petitioner Counsel :- Ratnesh Kumar Srivastava,Arvind Srivastava Respondent Counsel :- Govt. Advocate

Hon'ble S.C. Agarwal,J.

Heard learned counsel for the revisionist and learned AGA for

the State.

The instant revision is directed against the order dated 7.8.2010

passed by the A.C.J.M., Court No. 1, Bijnor in Case Crime No.

586A of 2009 (Salma Vs. Taukeer & others), under Sections 323,

504, 506, 452, 308 IPC, P.S. Badhapur, District-Bijnor, whereby

the protest petition filed by the revisionist against the final report

submitted by the police was treated as a complaint.

On receipt of a final report, the complainant filed protest petition

against the same. The Magistrate has option either to accept final

report and reject the protest petition, or to direct further

investigation, or to summon the accused to face trial, if there is

sufficient material available on the case diary to proceed against

the accused, or to treat the protest petition as a complaint and to

take decision under Section 200 and 202 Cr.P.C. In the instant

case, the Magistrate has decided to treat the protest petition as

complaint and to proceed under Sections 200 and 202 Cr.P.C.

I do not find any illegality in the impugned order.

The revision lacks merit and is accordingly dismissed.

Order Date :- 20.8.2010 KU

Neutral Citation No. - 2010:AHC:102005