KAILASH CHAND Vs. NARINDER KUMAR

JUDGEMENT

(1.) VIDE order dated 10th April, 1996, passed in Crl. M. No. 21083/M of 1995, His Lordship has been pleased to pass the following orders :-

(2.) A persual of the above order would show that the private complaint has been merged in the police report. The only difficulty which is being experienced by the complainant is that at one stage the police told that the complaint has been cancelled and submitted the cancellation report thereof in the year 1993 before the Ilaqa Magistrate but according to the complainant the said cancellation report is not traceable. It has also been brought to the notice of this Court that the private complaint is pending in different Court other than the Court of Ilaqa Magistrate. In view of the order dated 10th April, 1996, the private complaint pending in the Court of learned Judicial Magistrate 1st Class, Kurukshetra, stands transferred to the Court of learned Ilaqa Magistrate, who is directed to trace out the cancellation report, if already submitted by the police. If for any reason the said report is not traceable, the learned Magistrate will give the directions to the police/S.H.O. to submit another report under Section 173 Cr.P.C. in order to proceed further with the matter. In case the police does not want to prosecute the petitioner in pursuance to the cancellation report, the learned Ilaqa Magistrate shall proceed further only after giving notice to the complainant, who shall be at liberty to convince the learned Ilaqa Magistrate that a case for cancellation of the complaint is not made out. The entire exercise should be done by the learned Ilaqa Magistrate within three months from the receipt of copy of this order.