ARJUN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for quashing of the order dated 08.11.2011 (Annexure P-6) passed by the Judicial Magistrate Ist Class, Karnal declining the cancellation report submitted by the prosecution in the case FIR No. 633 dated 03.12.2004 for offences under Section 420, 467, 468, 469, 471, 193, 120-B IPC registered at Police Station City Karnal and the consequential proceedings arising therefrom.

(2.) The facts of the case may be briefly stated.

(3.) Application dated 07.01.2011 for discharge of all the three accused including petitioner moved by the prosecution before the trial Court is Annexure P-5. It was stated that on the application of the petitioner before Director General of Police (Intelligence Cell) for re-investigation of the case, an enquiry was conducted by Inspector General of Police (Chief Minister Flying Squad) and submitted report issuing directions to the SHO of Police Station City, Karnal for obtaining permission of the Magistrate for conducting re-investigation of the instant FIR. It is also stated that the Magistrate allowed conducting of reinvestigation vide order dated 30.08.2010. Thereafter SHO of the Police Station conducted re-investigation and submitted enquiry report, concluding that from the facts revealed in the reinvestigation, the dispute is of civil nature and no criminal offence is found to have taken place.