The acceptance of a final report by a Magistrate after hearing the complainant on a protest petition is a judicial order, and the Magistrate cannot proceed to record a statement under Sections 200 and 202, Cr. P. C. after accepting the final report.

A. K. MATHUR, J.

( 1 ) THIS revision petition is directed against the order passed by the learned Additional Sessions Judge, Jodhpur dated 28th February 1989 whereby the learned Additional Sessions Judge has set aside the order of the learned Additional Chief Judicial Magistrate dated 16th December 1987. By the order dated 16th December 1987, the learned Magistrate recalled his order dated 2nd September 1987, whereby the learned Magistrate accepted the final report against the accused petitioner and in the same breath directed that on protest petition the statement under Sections 200 and 202, Cr. P. C. may be recorded, for that he posted the case on 17th September, 1987.

( 2 ) THE brief facts, which are necessary for the disposal of this revision petition, are that a complaint was filed on 15th May, 1987 against the petitioner before the Additional Chief Judicial Magistrate, alleging commission of the offence under Sections 406, 409, 467, 468, 471 and 420, I. P. C. on this the learned Magistrate sent the matter to the police under Section 156 (3), Cr. P. C. for investigation. The police after detailed investigation, filed a final report on 24th July 1987. At the same time the petitioner also filed a protest petition that the final report should not be accepted. The learned Magistrate, after hearing the complainant on his protest petition, accepted the final report on 2nd September 1987 by passing a detailed and speaking order. Against this order a separate revision has already been filed, which is pending before the Sessions Court and in the same breath he passed the order on the protest petition let the statement under Sections 200 and 202, Cr. P. C. be recorded and posted the matter on 17th September 1987. From time to time certain dates were fixed for recording the statement. Thereafter, an application was filed on behalf of the accused that on 2nd September 1987 wherein it was alleged that the learned Magistrate having accepted the final report, after hearing the protest petitioner (complainant), then the learned Magistrate cannot take the evidence under Section 200 and 202, Cr. P. C. , as the order passed by the learned Magistrate, accepting the final report, was a judicial order and that order cannot now be reviewed. An objection was also raised that the accused-petitioner cannot be heard in the matter, as he has no locus standi till the summon is issued against him taking the cognizance. The learned Magistrate accepted this objection, and held that in view of the fact that he has accepted the final report, which is a judicial order, as such he cannot review his order and record the statement of the complainant under Sections 200 and 202, Cr. P. C. As such he recalled his order dated 2nd September 1987 and held that since he accepted the final report, he had no jurisdiction now to proceed in the matter. Aggrieved against this order dated 16th December 1987 a revision was filed before the learned Sessions Judge, Jodhpur which came to be disposed of by the Additional Sessions Judge, Jodhpur and the learned Additional Sessions Judge accepted the revision, set aside the order dated 16th December, 1987 and directed the complainant to appear before the Magistrate on 27th March, 1989 and further proceedings may be commenced by his order dated 28th February 1989. It is this order, which has been sought to be challenged by filing the present revision petition by the accused petitioner.

( 3 ) MR. Singhvi, learned counsel for the petitioner, submitted that on 2nd September, 1987, when the learned Magistrate has accepted the final report after hearing the complainant on his protest application, that is a judicial order and thereafter it was not proper for the Magistrate to again post the matter on protest petition for recording the statement under Sections 200 and 202, Cr. P. C. The learned counsel submitted that since the acceptance of the final report is a judicial order and when the Magistrate has passed a judicial orde