Ashok Kumar v. State Of Punjab And Others

CRM-M-39401-2024
Sr. No.126

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-39401-2024 Date of decision:

  

ASHOK KUMAR ........Petitioner versus STATE OF PUNJAB AND OTHERS .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Ms. Sushma Sharma, Advocate for Ms. Meena Bansal, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.73 dated 26.04.2005, under Sections 354, 323 IPC, 1860, registered at Police Station Patran, District Patiala (Annexure P-1) as well as order dated 19.03.2024, passed by the Judicial Magistrate First Class-II, Samana (Annexure P-3), whereby, cancellation report submitted by the Police authorities, was not accepted and the matter was referred back to the Investigating Agency for further investigation. 2.

Notice of motion.

3.

Ms. Himani Arora, AAG, Punjab accepts notice on behalf of respondent-State of Punjab and upon instructions from ASI Kulwant Singh, she has informed that initially the FIR was registered on 26.04.2024. The cancellation report was submitted and the impugned order dated 19.03.2024 was passed, whereby, the Investigating Agency was directed to conduct further investigation. However, prior to that, on 15.05.2021, the complainant had already expired. A copy SIMRANDEEP KAUR 2024.09.18 09:39 I attest to the accuracy and integrity of this order/judgment.

CRM-M-39401-2024  of the death certificate of the complainant-Parveen Kumar has been submitted by the learned State counsel in the Court today, which is taken on record. 4.

It has been further informed that after conducting further investigation, the Investigating Agency had prepared and presented fresh cancellation report before the Area Magistrate. The next date of hearing before the Area Magistrate is 12.09.2024.

5.

Since after the passing of the impugned order dated 19.03.2024, fresh cancellation report has already been presented before the Area Magistrate, as such, the present petition has been rendered infructuous. 6.

Disposed of as having become infructuous. The Trial Court/Area Magistrate shall pass appropriate order after considering the cancellation report, as per law.

7.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE

  

simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.09.18 09:39 I attest to the accuracy and integrity of this order/judgment.