High Court of Punjab and HaryanaCRM-M/36861/2016disposed of

Sukhdev Singh And ORS v. State Of Punjab And ANR

2016-10-18Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36861-2016 Date of decision: 18.10.2016 Sukhdev Singh & Ors.

...Petitioners

Versus

State of Punjab & Anr.

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Amandeep Singh Saini, Advocate, for the petitioners.

**** JAISHREE THAKUR, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.20 dated 18.03.2011, under Sections 341, 323, 354, 294, 506, 34 IPC, registered at Police Station Jodhan,District Ludhiana Rural.

Learned counsel for the petitioners contends that an FIR No. 20 dated 18.03.2011 came to be registered at Police Station Jodhan, District Ludhiana Rural. After registration of the FIR a detailed enquiry was conducted and a cancellation report was filed. Since respondent No.2 was not satisfied with the cancellation report, the Court asked the SHO, Police Station Jodhan to re-investigate the matter and on re-investigation by the SHO, Police Station Jodhan, District Ludhiana Rural a cancellation report was again presented. The Court has issued summons to the complainant to appear, however, it has not been able to serve notice upon the complainant. On the basis of the fact that complainant is not coming forthwith, the instant petition has been filed seeking quashing of the FIR.

I have heard learned counsel for the petitioners and have also taken note of the zimini orders which have been annexed with this petition as Annexure P-3, which shows that the notices issued to the complainant Satyawan 2016.10.

CRM-M-36861-2016 -2have not been received back. On 17.05.2016, the record reveals that the notices issued to the complainant were received back unserved and fresh notices were issued to the complainant for 20.07.2016 which were received back unserved and now the matter is listed for hearing on 25.10.2016. Without going into the merits of the case, this petition is being disposed of with a direction to the learned Judicial Magistrate Ist Class, Ludhiana to make every effort possible to effect service upon the complainant and complete the proceedings as expeditiously as possible, preferably, within a period of six months from the date of receipt of certified copy of this order.

Petition stands disposed of.

18.10.2016 (JAISHREE THAKUR) sp JUDGE Whether speaking/reasoned Yes Whether reportable No.

Satyawan 2016.10.20 13:48 I attest to the accuracy and authenticity of this document High Court Chandigarh