Allowed

Narayan Singh v. State of Haryana and Ors.

Punjab & Haryana HC7 Dec 2010CRM-M/33343/2010

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C., the court held that the impugned order accepting the cancellation report but granting liberty to file a protest petition was self-contradictory. The appeal was allowed, the order set aside, and the case remitted.

What did the court decide?

The impugned order is set aside and the case is remitted back to the Sub Divisional Judicial Magistrate for decision afresh.

Narayan Singh Vs State of Haryana and Ors. — Writ and Judicial Review | Punjab & Haryana HC (2010)

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Crl. Misc. No. M-33343 of 2010 1

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IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-33343 of 2010 (O&M) Date of decision : 7.12.2010

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Narayan Singh ...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA

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Present: Mr. N.S. Shekhawat, Advocate for the petitioner. Mr. Amit Goyal, AAG, Haryana.

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Rajan Gupta, J. (oral)

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This is a petition under Section 482 Cr.P.C. seeking quashing of order dated 9^th August, 2010, passed by the court of Sub Divisional Judicial Magistrate, Mohindergarh.

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Learned counsel for the petitioner contends that pursuant to FIR No.46 dated 12^th February, 2009, under Sections 323, 363, 365 and 506 IPC, an investigation was conducted and final report submitted by the investigating agency before the court of Sub Divisional Judicial Magistrate, Mohindergarh on 9^th August, 2010. According to learned counsel, notice of the cancellation report was issued to the petitioner but he objected to the same vide statement, Annexure P-7. Despite this, the Sub Divisional Judicial Magistrate, Mohindergarh accepted the report, however, giving liberty to the petitioner to file protest petition separately. Learned counsel submits that the order is self-contradictory as the court below could not have accepted the report and simultaneously given liberty to the petitioner to file protest petition. He has placed reliance on judgment reported as Bhagwant Singh Vs.

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Crl. Misc. No. M-33343 of 2010 2

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Commissioner of Police and another (1985) 2 Supreme Court Cases

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537 . He has prayed that the case be remitted back to the trial court for decision afresh.

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Learned State counsel does not dispute the ratio of Bhagwant Singh's case (supra).

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I have heard learned counsel for the parties and given careful thought to the facts of the case.

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A perusal of the impugned order shows that the Sub Divisional Judicial Magistrate, Mohindergarh while considering the cancellation report filed before him, observed as follows:-

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“Resultantly, cancellation report submitted by police is accepted and directed to be sent to V.R.K. Branch (Superintendent of Police) Narnaul, after doing the needful. However, complainant is at liberty to file protest petition and this order shall have no effects on the merits thereof.”

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It is evident that the Magistrate accepted the cancellation report. He, however, granted liberty to the complainant to file a protest petition. There is infirmity in the order as it appears to be selfcontradictory.

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Under the circumstances, the said order is set-aside. The case is remitted back to the same court for decision afresh. Parties are directed to remain present before the court below on 24.12.2010.

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Disposed of.

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7.12.2010 'rajpal'

Narayan Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Narayan Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

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