NISHAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal revision has been filed under Section 401 of the Code of Criminal Procedure against order dated 02.07.2012 passed by the learned Chief Judicial Magistrate, Faridkot whereby cancellation report filed by the police has been declined.

(2.) Brief facts of the case are that Ashok Chadda, SDO, Punjab Mandi Board had lodged an FIR bearing No. 76 dated 02.08.2010, under Sections 431, 379, 427, 434 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as the "Act, 1984") stating therein that from Faridkot to Seerwali road was constructed under Pardhan Mantri Sarak Yogna and the concerned contractor was to maintain that road. On 01.08.2010 the complainant had inspected the road and found that on the side of the road about 3 kms length pit has been dug out to lay cable with the help of a JCB machine which has caused loss to the road. The persons, namely, Sheelu, Parminder Makkar @ Makkar, had dug the berms of the road and had also taken 20000 bricks valuing Rs. 70,000/-. The road from the portion will sink and it will cost Rs. 40 lacs to reconstruct the road.

(3.) After the registration of the FIR, the matter was compromised and the loss was made good. Thereafter, the police has filed cancellation report before the learned Illaqa Magistrate where the complainant had made the statement, but the learned Chief Judicial Magistrate has not accepted the cancellation report.