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1999 Supreme(All) 1776

J.C.MISHRA, ALOK KUMAR BASU, G.P.MATHUR
RANJEET SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
A.M.Zaidi, DEVENDRA DHAMA, DILIP KUMAR, Kamal Krishna, Tejpal

PALOK BASU, J.


( 1 ) THE substantial issue in the instant six matters is whether a Magistrate/court before rejecting a "final-Report" filed by an Investigating Officer, has to hear the accused on his appearing voluntarily or after notice irrespective of the fact whether or not the informant is proposed to be heard with or without a protest petition challenging the said Final Report.

( 2 ) HOWEVER, the history of listing of these cases is reprehensible if not condemnable. As early as on 21-7-1994, the Honble the Chief Justice constituted a Full Bench to decide a reference to a Larger Bench made by one of us (Hon. G. P. Mathur J.) in Ranjeet Singhs matter because the Honble the Chief Justice considered the matter to be of general importance. Strangely, it was not listed for nearly three years whereafter the Honble the succeeding Chief Justice passed an order dated 19-6-1997 constituting this Full Bench. The matter however, came to be listed only on 7-9-1999 when it transpired that the aforesaid four criminal miscellaneous applications and one writ petition raising same points were also pending decision by Larger Bench.

( 3 ) IN Ranjeet Singhs referring order it has been noted that in





































































































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