Application for quashment

Police submitted final report in "A" class due to lack of prosecution evidence but "A" class was not attracted as police had wrongly submitted final report in "A" class

Validity

Magistrate had also erred to accept report in "A" class as due to lack of evidence, it fell in "B" class

While passing administrative order, Magistrate was not supposed to act upon police report, on the contrary, it was duty of Magistrate to give his own finding with regard to sufficient or lack of evidence

Magistrate, while passing executive order had not gone through record of the case with such prudence as his office demanded from him and also failed to apply his conscious mind to the facts of the case and evidence collected by police

Non-speaking order was passed without any reason

Opinion of police was not to be followed blindly in every case and such opinion in view of legal evidence had to be tested in the light of totality of material on record

High Court set aside the order passed by Magistrate and report of police was directed to be treated as accepted under "B" class

Application was allowed in circumstances.