Neutral Citation No. - 2025:AHC:58218 Court No. - 74 Case :- APPLICATION U/S 482 No. - 32796 of 2016 Applicant :- Sahab Singh Opposite Party :- State Of U.P.And 4 Others Counsel for Applicant :- Ajai Singh Kushwaha,Chandra Dutt Counsel for Opposite Party :- Devesh Kumar Verma,G.A.,Suresh Chandra Verma Hon'ble Saurabh Srivastava,J. 1. Heard learned counsels for parties. 2. Present application has been preferred with the prayer to quash the order dated 25.05.2016 passed by learned Chief Judicial Magistrate, Farrukhabad in Case no. 500/11/16 (State vs. Sahab Singh) arising out of Case Crime no. 399 of 2014, under Section 302 IPC, PS- Kayamganj, District Farrukhabad. 3. Brief facts of the case as narrated by learned counsel for applicant is that FIR was lodged against opposite party nos. 2 to 5 in pursuance to direction of court concerned over application under Section 156(3) Cr.P.C. preferred at the behest of applicant, alleging therein that on dated 07.11.2011, reaching home, applicant found his son hanging dead in his varanda of his home. Applicant alleged that opposite party nos. 2 to 5 had some old enmity with applicant and hence they killed his son. After conclusion of investigation, Investigating Officer, submitted final report on dated 23.11.2014 in favour of opposite party nos. 2 to 5. Being aggrieved with the final report, applicant filed a protest petition before court concerned whereupon, learned Chief Judicial Magistrate, Farrukhabad passed impugned order dated 25.05.2016 whereby he dismissed the protest petition of applicant. 4. It is contended by learned counsel for applicant that the Investigating Officer recorded the statement of the witnesses of the village who were supporter of the accused person and on the basis of their statement submitted the final report. Learned Magistrate has not given any cogent reason while dismissing the applicant's protest petition. 5. Learned counsel for opposite party nos. 2 to 5 submitted that the post-mortem report dated 7.11.2011 does not support the prosecution case nor it shows that deceased was murdered. Applicant filed alleged protest petition without any basis and evidence to falsify the evidence collected by the Investigating Officer as well as conclusion mentioned in the final report to the effect that deceased has committed suicide due to anger and reasons best known to parents. There have been no motive or intention on part of the answering opposite parties to commit murder of deceased nor there is any evidence to show that they committed murder of deceased. Learned concerned court rightly accepted the final report and rejected the protest petition vide reasoned order dated 25.05.2016. 6. Learned AGA seconded the argument raised by learned counsel for opposite party nos. 2 to 5 and supported the order impugned. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the entire records along with post-mortem report and impugned order dated 25.05.2016, this Court finds that the post-mortem report does not support the allegation of murder. Moreover, learned Magistrate concerned while dismissing the protest petition preferred at the behest of the applicant considered entire grounds taken up while preferring the protest petition and rightly returned with the logical finding vide order dated 25.05.2016 and as such there is no illegality in the order impugned and hence no interference is required in the instant application. 8. The instant application being devoid of merit stands dismissed accordingly. Order Date :- 17.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad