Point of Law: It is a settled law that service of notice before filing final report is must.

JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. Heard Sri Akash Chandra Maurya, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned Additional Government Advocate for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been moved to quash the order dated 12.08.2021 passed by the Additional Chief Judicial Magistrate-I, Kanpur Dehat in Misc. Case No. 1319 of 2019 by which the final report in Crime No. 476 of 2018, under Sections 504, 506 and 427 of IPC and under Section 4/10 of Indian Forest Act, 1927 sent by Police Station Mangalpur, Kanpur Dehat was allowed and the Criminal Revision No. 41 of 2021 (Rashmi Devi vs. State of U.P. and Others) was also dismissed by Additional Sessions Judge/Special Judge (NDPS Act), Court No. 7, Kanpur Dehat vide order dated 26.09.2022.

3. The facts of the case and ground of the application under Section 311 Cr.P.C. in brief are that the applicant lodged an FIR on 18.12.2018 against opposite party nos. 2 to 5 under the aforesaid sections in which after investigation, the investigating officer (I.O.) submitted the final report No. 45 of 2019 on 14.04.2019 before the concerned Magistrate. According to the applicant the Additional Chief Judicial Magistrate-I, Kanpur Dehat accepted the said final report on 12.08.2021 without assigning any reason. At that time, there were holidays on account of COVID-19, hence the concerned police had not taken any receiving from the applicant with regard to the said final report and self posted signature of the applicant upon the notice was produced before the Court on 30.08.2021. When the applicant enquired, she came to know that the final report had been accepted on 12.8.2021, hence she filed the aforesaid criminal revision which has also been dismissed.

4. It is a settled law that service of notice before filing the final report is must, hence both the impugned orders be quashed and concerned Magistrate be directed to hear the matter on protest petition.

5. A supplementary affidavit has been filed by the brother-in-law of the applicant along with the certified copy of the order sheets. Notices were sent to the opposite party nos. 2 to 5 which are served personally and through their family members but neither they appeared nor they filed any counter affidavit, hence heard Sri Akash Chandra Maurya, learned counsel for the applicant and Sri Pankaj Kumar Tripathi, learned Additional Government Advocate and perused the record.

6. From perusal of the record, it transpires that on 12.08.2021 the final report was accepted after service of notice upon the complainant but when the complainant did not appear on the date of hearing, the trial court heard the counsel for the State and perusing the record, concluded that on the basis of statement, inspection and other collected material, no commission of offence by the accused persons have been proved and therefore, accepted the final report. The order of Additional Chief Judicial Magistrate-I was challenged through Criminal Revision No. 41 of 2021 in which proper opportunity of hearing was provided to the applicant. The learned Revisional Judge found that the informant had appropriately been served through notices on 01.11.2019 and 11.08.2021 and her signatures were found thereon. It has also been noticed that on 04.10.2019, the final report had been submitted in the Court and thereafter notices were issued to her when there was no COVID-19 pandemic, hence the revision was dismissed.

7. Being aggrieved, the informant has filed this application under Section 482 Cr.P.C.

8. According to this Court, if the applicant was of the view that her forged and fictitious signature had been obtained by the police, an occasion was available to her to get the expert opinion that the signatures present on the notices were not put by her but this remedy has not been availed by her.

9. Since the proper opportunity had been provided to the applicant and the notices were also served before accepting the final report,