Adherence to the procedural requirements of the Cr. P. C. after the submission of a final report by the police is essential to avoid abuse of the process of the court.

ORDER :- This is an application under Section 482 Cr. P. C. to quash the proceedings of Criminal Case No. 92/05 State v. Chandrapal and others pending in the Court of A.C.J.M. Hamirpur, District Hamirpur under Sections 147, 307, 427, 506 I.P.C.

2. I have heard learned counsel for the applicants as well as learned A.G.A. at the stage of admission and since the point involved in this case is legal one, I am deciding it with the consent of the parties at the admission stage without calling for any counter affidavit.

3. The facts relevant for disposal of this application are that the complainant Opposite Party No. 2 filed an application under Section 156 (3) Cr. P. C. against the accused applicant in the Court of C.J.M., Hamirpur on 12-6-01 with these allegations that the complainant resides at Kajauli. His grand father Baijnath was doing agricultural work in his field at Kajauli and the complainant and his uncle Swatantra Bahadur looked after that work. The complainants mother and grand mother had purchased another field adjacent to the above ancestral field and the crop of gram was sown in it. The accused Chandrapal, his brother Prem Pal and co-accused. Bhanu Pratap, Raja Kunwar and Dinesh damaged the crop of gram in the field. The complainant gave its information at P. S. Kotwali but no action was taken. Thereafter, on another date when the complainants mother and grand mother had gone to cut a Babool tree in that field, the above named accused persons armed with gun, rifle, country made pistol, Farsa and Axe in their hands reached there and fired in air. The complainant gave information of this incident to the higher police authorities by registered post but no action was taken. Then on 5-6-01 he and his uncle along with Munna Kewat and Ram Babu Kewat were going to that field to take wood of the cut tree. The accused had concealed themselves near a tank in the way. On seeing the complainant and his uncle they challenged to kill them and Chandra Pal @ Chachchu fired at them. However, the complainant and his companions did not receive any injury. Then they again went to police station and gave its information but no action was taken. The accused were asking them to leave the village threatening that otherwise they would be killed. Then he moved this application under Section 156 (3) Cr. P. C. against accused applicants containing allegations under Sections 147, 506, 427 and 307 I.P.C.

4. The learned Magistrate passed an order on 2-7-01 directing the police to register the case and investigate the same. Then the report was registered at the police station as Case Crime No. 134/01 and it was investigated. The police after investigation submitted the final report on 19-7-01 asserting that the allegations made in the application are false and actually there was a civil dispute between the parties in respect of a place of land and on account of that dispute both the parties were levelling false allegations against each other.

5. On receipt of this report, the learned Magistrate passed an order for issuing of notice to the complainant. The notice was served upon the complainant and he appeared before A.C.J.M. on 21-11-02. Then the learned Magistrate fixed a date for recording statement of the complainant. The statements of the complainant and his witness Munna were recorded on 28-7-04. The statement of Swatantra Bahadur was recorded on 13-8-04. Then the learned Magistrate passed an order on 2-9-04 summoning the accused under Sections 147, 427, 506 and 307 I.P.C. Thereafter, the accused filed this application under Section 482 Cr. P. C.

6. I have perused the record of this application under Section 482 Cr. P. C. It appears on perusal of this record that on receipt of the notice the complainant appeared before the A.C.J.M. on 21-11-02 but he did not file any protest petition and the learned Magistrate fixed a date for recording statements of the complainant and his witnesses. Thereafter, the statements of the complainant and his two witnesse

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