The High Court disposed of a petition for quashing of an order staying criminal proceedings, holding the matter infructuous as the cancellation report had already been presented in the connected FIR case court, without deciding on merits.
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 No.M-10030 OF 2012 DATE OF DECISION : 27th MAY, 2013
Pankaj Shandilaya
…. Petitioner
Versus
State of Haryana & others
…. Respondents
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
Present : Mr. Arjun Lakhanpal, Advocate for the petitioner.
Mr. Sidharth Sarup, DAG, Haryana for respondent No.1.
L. N. MITTAL, J. (ORAL)
Complainant Pankaj Shandilaya has filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing order dated 13.03.2012 Annexure P-2 passed by learned Judicial Magistrate, First Class, Ambala.
Petitioner has instituted private criminal complaint against respondents No.2 to 5 and another unknown person for various offences. The petitioner has also lodged FIR Annexure P-1 regarding the same occurence.
Learned trial Magistrate vide order Annexure P-2 stayed the proceedings in the criminal complaint to await report of investigating officer in FIR Annexure P-1. The said order is under challenge in this petition.
CRM NO.M-10030 OF 2012
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I have heard learned counsel for the parties and perused the case
file.
In reply, filed by State of Haryana in connected Criminal Misc. No.M-28629 of 2012 titled Pankaj Shandilaya versus State of Haryana, it has been stated that cancellation report in FIR (Annexure P-1 in the instnat petition) has since been presented in the Court of Illaqa Magistrate.
In view of the aforesaid, the instant petition is disposed of as having been rendered infructuous, without expressing any opinion on merits of the complaint or FIR case.
27th May, 2013 (L. N. MITTAL) ‘raj’ JUDGE
Pankaj Shandilaya
State of Haryana
L. N. MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
