RAVINDER SINGH DHANKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (for short "the Code") has been preferred seeking quashing of order dated 28.1.2012 (Annexure P-5) passed by the Additional Chief Judicial Magistrate, Jhajjar and report dated 28.1.2011 (Annexure P-4) submitted by respondent No. 2. Counsel for the petitioner contends that the petitioner submitted a complaint dated 4.12.2010 to the Superintendent of Police, Jhajjar for initiating action against the accused (respondents No. 3 to 5 herein) on the premise that they destroyed the mustard crop standing in Khasra No. 1797, in the evening of 3.12.2010. F.I.R. No. 749 dated 7.12.2010 was registered for commission of offence punishable under Sections 148, 149, 420, 447, 506 IPC against the accused. The accused were declared as proclaimed offenders and their property was ordered to be attached in view of the provisions of Sections 82/83 of the Code and thereafter, the file was consigned to records.

(2.) It is argued with vehemence that an application was filed by Virender Singh, Inspector, Station House Officer through public prosecutor for cancellation of order dated 17.10.2011 and the application was allowed by the Chief Judicial Magistrate, Jhajjar vide impugned order dated 28.1.2012 without providing an opportunity of hearing to the petitioner/complainant. It is further submitted that it is unknown to law that such an application can be filed by the concerned police officer and allowed by the Court without filing any report in compliance with the provisions of Section 173 of the Code. According to counsel, a very strange and noble procedure has been followed by the concerned officer which shows that the investigating agency was favourably inclined towards the respondents-accused.

(3.) Counsel for the State of Haryana has submitted that a cancellation report in the aforesaid F.I.R. has been submitted in the Court of Illaqa Magistrate and the same is pending consideration.