( 1 ) DOUBTING the correctness of a Single Judge decision in the case of Moahabbat Ali v. State of U. P. reported in 1985 UP Cri R 264 : (1984 All LJ NOC 31), Honble S. Harkauli, J. has referred the following question for consideration by a larger Bench : "whether the view taken in the aforesaid case of Mohabbat Ali is correct ?"

( 2 ) BY the order of the Honble the Chief Justice, the matter has been assigned to this Bench.

( 3 ) BEFORE we start our discussion on the aforesaid question, we may first put in brief facts of this case.

( 4 ) ON an application moved by Smt. Vimala Devi, the Magistrate in exercise of powers under Section 156 (3), Cr. P. C. directed the police to register the case and investigate the same. Consequently an F. I. R. under Sections 467/468/419/420/364 and 392, I. P. C. was registered and investigated. On completion of investigation, police forwarded a final report to the Court of the concerned Magistrate. Feeling aggrieved, the complainant Smt. Vimala Devi filed objections in the form of protest Petition against the acceptance of final report. Along with the said petition, she also filed her own affidavit and affidavits of witnesses Ram Charan