Code of Criminal Procedure, 1973–Sec. 190(1)(b)–FR submitted by police–Protest petition–Dismissed–Revision against order–Also dismissed–Legality–While deciding the protest petition, Magistrate dealt the matter as final hearing–Conclusion of trial Court that petitioner received the injuries due to hitting by tempo–Neither such assertion was made in FIR nor any witness stated as such–Primafacie existence of offence was to be looked at this stage–Held, impugned order set aside and matter remanded back for
fresh decision.
