JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application is allowed as prayed for. Copy of order dtd. 28/3/2017 (Annexure P-11) is taken on record, subject to all just exceptions.

(2.) By way of present petition under Sec. 482 Cr.P.C., prayer has been made for quashing of order dtd. 22/2/2014 passed by the court of learned Sub-Divisional Judicial Magistrate, Baba Bakala, District Amritsar, whereby a cancellation report submitted by the investigating agency pertaining to FIR No.17, dtd. 26/2/2012, under Ss. 302, 148 and 149 IPC, Police Station Tarsika, District Amritsar, has not been accepted.

(3.) The facts of the case are that on account of unfortunate demise of one Jasbir Singh, who happened to be the brother of respondent No.2, FIR in question came to be registered against the petitioner and three others. The investigating agency after thorough investigation and finding no incriminating substance against the alleged accused, submitted a cancellation report dtd. 21/1/2013 before the court of learned Sub-Divisional Judicial Magistrate, Baba Bakala, District Amritsar. Instead of accepting the same, the trial court sent back the matter to the investigating agency by observing that there was scope for furtgher investigation. Again a second cancellation report was filed before the trial court, however, vide order dtd. 22/2/2014, the trial court still refused to accept the same with similar observations of there being scope of further investigation.