High Court of Punjab and HaryanaCRM-M/14512/2015disposed of

Gurdev Singh And ANR v. State Of Punjab And ANR

2020-03-03Mr. Justice Ramendra Jain2 pages

-1CRM-M-14512 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14512 of 2015 Date of Decision: 03.03.2020 Gurdev Singh and another

...Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Rajesh Bhatheja, Advocate, for the petitioner. Mr. Pawan Sharda, Sr. DAG, Punjab.

None for respondents No.2(i) to 2(iv).

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C. prayer has been made for quashing FIR No.50 dated 17.05.2006 registered under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') (Annexure P-2), complaint (Annexure P-1) and summoning order dated 19.03.2014 (Annexure P-5). Briefly, Bahadur Singh lodged aforesaid FIR No.50 dated 17.05.2006 under Section 3(i)(x) of the Act against the petitioners, in which, police, after due investigation filed cancellation report before the trial Court. Bahadur Singh contested the same, whereupon cancellation report was not accepted. Consequently, trial Court, treating protest petition of Bahadur Singh as private complaint, summoned petitioners vide impugned order dated 19.03.2014 (Annexure P-5). By way of instant petition, petitioners have approached this RAVINDER SINGH 2020.03.05 19:08 I attest to the accuracy and integrity of this document

-2CRM-M-14512 of 2015 Court for quashing the said complaint. During its pendency, Bahadur Singh respondent No.2 died. Consequently, his legal heirs were impleaded as respondents No.2 (i to v). Upon notice, respondents No.2(i to iv) were duly served in person, whereas notice issued to respondent No.2(v) was received with the report that she resides at her matrimonial home. Heard.

Since, whistle blower to the aforesaid FIR and complaint Bahadur Singh has expired and his legal heirs, upon notice, have not chosen to contest instant petition, therefore, FIR No.50 dated 17.05.2006 registered under Section 3(i)(x) of the Act (Annexure P-2), complaint (Annexure P-1) and summoning order dated 19.03.2014 (Annexure P-5) are quashed. Disposed of.

(RAMENDRA JAIN) March 03, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.03.05 19:08 I attest to the accuracy and integrity of this document