Kashmir Kaur And Anr vs State Of Punjab And Another
2024 Latest Caselaw 8113 P&H

Punjab-Haryana High Court

Kashmir Kaur And Anr vs State Of Punjab And Another on 18 April, 2024

                                       Neutral Citation No:=2024:PHHC:052048




202 IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                 Neutral Citation No. 2024:PHHC:052048
                                 CRM-M-15112-2022
                                 Date of Decision: April 18, 2024

Kashmir Kaur and another                       ...Petitioners

                          Versus

State of Punjab and another                    ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Prateek Pandit, Advocate for the petitioner.

            Mr. Sahil R. Bakshi, AAG, Punjab.

DEEPAK GUPTA, J.(Oral)

On 08.04.2022, following order was passed by this Court:-

"Learned counsel for the petitioner, inter alia, contends that in the present case, the impugned order dated 11.01.2022 is illegal inasmuch as, after the cancellation report was submitted, the Judicial Magistrate 1st Class-V, Kapurthala has ordered re- investigation from a higher officer. It is further submitted that the only reason which has been given for the same in the said impugned order is to the effect that the complainant was not satisfied, instead of considering if there was any fault in the investigation or what were the loopholes in the cancellation report. It is contended that the Magistrate does not have the power to order re-investigation from some higher Officer and at best, could have ordered further investigation. Learned counsel for the petitioners has placed reliance on the judgment of a coordinate Bench of this Court in Ravinder Kumar Vs. State of Punjab reported as 2020(4) R.C.R. (Criminal)

137. Notice of motion for 30.05.2022.

Operation of the impugned order dated 11.01.2022 is stayed till the next date of hearing."

2. Respondent No.2-complainant was duly served, but nobody has

appeared on his behalf.

1 of 2

Neutral Citation No:=2024:PHHC:052048

Neutral Citation No. 2024:PHHC:052048 CRM-M-15112-2022

3. Learned State counsel has not refuted any of the aforesaid

contentions, particularly to the effect that once the cancellation report is

filed, the Magistrate cannot discard the same, simply for the reason that

complainant was not satisfied with the same, unless the Magistrate gives

elaborate reasons for dissatisfaction regarding the investigation conducted

by the police.

4. In view of the aforesaid facts and circumstances, the impugned

order dated 11.01.2022 (Annexure P-11) is hereby set aside. The Trial Court

concerned is directed to pass a fresh order by giving the reasons for not

accepting the cancellation report. It is made clear that simply because

complainant is not satisfied with the cancellation report, cannot be a sole

ground, so as to reject the cancellation report.

Disposed of.

April 18, 2024                                     (DEEPAK GUPTA)
sarita                                                  JUDGE
                   Whether reasoned/speaking: Yes/No
                   Whether reportable:        Yes/No




                                       2 of 2