Partly allowed

Ramanjit Singh v. State of Punjab and Another

Punjab & Haryana HC23 Jan 2026CRM-M/11765/2022

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR under Sec. 482 CrPC after police filed a cancellation report rejected for re-investigation. Court held FIR quashance prayer infructuous but quashed the Magistrate's order for re-investigation, directing further investigation instead.

What did the court decide?

Order dated 01.03.2019 directing re-investigation is quashed and read as direction for further investigation; authorities directed to complete further investigation in time-bound manner.

Ramanjit Singh Vs State of Punjab and Another — Quashing and FIR | Punjab & Haryana HC (2026)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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244

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CRM-M-11765-2022 (O&M) Date of decision: 23.01.2026

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Ramanjit Singh ...Petitioner

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VERSUS

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State of Punjab and another ...Respondents

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CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

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Present :- Mr . Karan Walia, Advocate for Mr . Damanbir Singh Sobti, Advoc a te for the petitioner.

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Mr . Mohit Kapoor, Sr.DAG, Punja b

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Mr . P.S. Ahluwalia, Senior Advoc a te assisted by Ms . Bhavi Kapur, Advocate for res p ondent No.2. .

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VINOD S. BHARDWAJ, J. (Oral)

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T h e instant petition has been filed u nder Section 482 of the Code of Criminal Pr o cedure,1973 (now Section 52 8 of the Bharatiya Nagarik Suraksha Sanh i ta, 2023) for seeking quashi n g of FIR No.0114 dated 02.06.2017 regi s tered under Sections 420, 406, 4 67, 468, 471 & 120-B IPC at Police Station S o hana, District SAS Nagar. 2. It remains undisputed that, upon i n vestigation, the police filed a cancellation rep o rt in the present case, howeve r , the said cancellation report was not accepte d by the Illaqa Magistrate and he d irected a re-investigation into the matter, thus prompting the filing of the pre s ent petition vide order dated 01.03.2019.

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T h e matter came up for hearin g on 21.03.2022, when the following order w as passed:-

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“L e arned counsel for the petiti o ner submits that once a cancellation report was presented b efore the Illaqua Magistrate,

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SUMIT SINGH GUSAIN 2026.02.03 15:03 I attest to the accuracy and integrity of this document

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244 CRM-M-11765-2022 (O&M)

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the scope with the Illaqua Magistrate was only to direct for further investigation and not for re-investigation.

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Notice of motion for 08.08.2022.

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In the meantime, the trial Court is directed to adjourn the case beyond the date fixed before this Court.”

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Learned counsel appearing on behalf of respondent No.2 fairly concedes that he would not dispute the argument noticed by this Court in its order dated 21.03.2022 to the effect that the scope of power vested with the Magistrate was only to direct further investigation and not re-investigation. He further submits that the said order however is not a subject matter of challenge in the present petition.

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In view of the above position, the merits need not be gone into any further. Considering that the police had already moved a cancellation report in the present case in which re-investigation had been directed by the Illaqa Magistrate, I am of the opinion that the development i.e. in the form of filing of a cancellation report renders the present petition liable to be disposed of as having been rendered infructuous at this stage to the extent of prayer for quashing of the FIR.

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The grievance thus would survive only to the extent of direction issued by the Illaqa Magistrate for re-investigation. The respondent does not contest or dispute the order being liable to be set aside. The position not being disputed that re-investigation could not be ordered, hence, the present petition is partly allowed . The order dated 01.03.2019 (Annexure P-11), appended along with the present petition returning the cancellation report with a direction to re-investigate the case is modified to be read as: “a direction for further

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investigation in the said case”.

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The respondent-authorities are directed to carry out a further

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SUMIT SINGH GUSAIN 2026.02.03 15:03 I attest to the accuracy and integrity of this document

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244 CRM-M-11765-2022 (O&M)

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investigation and to submit a final report in a time-bound manner noticing that the issue pertains to the year 2017 and has vital implications on personal liberty of an individual.

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(VINOD S. BHARDWAJ) 23.01.2026 JUDGE Sumit Gusain Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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SUMIT SINGH GUSAIN 2026.02.03 15:03 I attest to the accuracy and integrity of this document

Ramanjit Singh v. State of Punjab and Another

Case brief

What is this about?

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Ramanjit Singh v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

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