Petitioner seeking clarification on order regarding Section 156(3) Cr.P.C. withdrawn from petitions, proceedings to continue.
Petition dismissed as withdrawn; Area Magistrate directed to proceed further in the complaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM M-24976 of 2011.
Date of Decision: 27.9.2012.
Daljit Singh
.... Petitioner
Versus
State of Punjab and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Aman Dhir, Advocate, for the petitioner.
Mr. Kirat Singh Sidhu, AAG Punjab.
Mr. Surinder Gaur, Advocate, for respondents No.4 to 8.
NAWAB SINGH.J (ORAL)
Daljit Singh filed a complaint against Malkiat Singh and others under Section 307 etc. IPC in the Court of Area Magistrate, Gidderbaha. On July 19th, 2011 Area Magistrate passed the following order:-
“Complaint presented today. Heard. From the facts and circumstances of the case, no ground is made to invoke provision under Section 156(3) Cr.P.C. SHO/In-charge P.S is directed to conduct the investigation in the matter and to report on or before 20.9.2011. Copy of this order along with copy of the complaint be sent to the SHO/Incharge, P.S. Kotbhai for compliance and report be awaited till 20.9.2011.”
Against the said order, petitioner has filed the present petition under Section 482 of Code of Criminal Procedure.
On August 18th, 2011 Ajai Lamba J. (as he then was) passed the following order:-
“Learned counsel contends that as many as 14
CRM M-24976 of 2011.
(2)
gun shots were fired. The petitioner saved himself by going behind the tractor owned by the petitioner. Even the tractor has been taken away by the accused. The facts and circumstances clearly warrant sending of the case under Section 156(3) of the Criminal Procedure Code, 1973 for lodging of FIR. De-hors the relevant facts and consideration, however, case has been sent for enquiry under Section 202 of the Criminal Procedure Code, 1973. The order passed by the Magistrate dated 19.7.2011 Annexure P-2 is totally non-speaking.
Xxx
xxx”
State counsel has stated that the matter was investigated by the Police and the allegations levelled by the petitioner were found to be false. In compliance with the impugned order, the report shall be submitted before the Area Magistrate within 30 days from today.
In face of it, learned counsel for the petitioner has urged that this petition be dismissed as withdrawn with a direction to the Area Magistrate to proceed further in the complaint in accordance with law.
Dismissed as withdrawn with the direction
aforesaid.
27.9.2012. (NAWAB SINGH) SN JUDGE
Daljit Singh
State of Punjab
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
