2006 Supreme(All) 2142

[2006(6) ADJ 9 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : RAVINDRA SINGH, J.
SAMEER RAZA .....Applicant
Versus
STATE OF U.P. AND ANOTHER ....Opposite Parties
(Criminal Misc. Application No. 7488 of 2005, decided on 17th August, 2006)

Headnote:(Indian) Penal Code, 1860—Section 307—Offence thereunder—FIR—Final report submitted by police showing false implication of present appellant—Magistrate issued notice to opposite party to hear on final report—As a result protest petition filed—Taking cognizance on basis of FIR, medical examination report, statement of first informant and other witnesses—Prima facie offence under Section 307 of IPC made out—I.O. committed manifest error in giving importance of defence witnesses—No illegality in taking cognizance of offence committed by Magistrate—Criminal proceedings thereby cannot be quashed.