JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sh. A.S. Kalra submits that case FIR No. 214 dated 14.11.1995 under sections 420/386/387/389/392/586 IPC, PS Sadar Jalandhar registered against Manraj Singh Sidhu and Anoop Singh Sidhu was cancelled by the Magistrate without hearing Sh. Jagjit Singh (petitioner herein) at whose instance the said case was registered. He submits that in view of the law laid down by the Supreme Court that if Police submits report under Section 173(2) Cr.P.C. and the Magistrate is not inclined to take cognizance of the offence and issue process, then, in such a case, informant must be given an opportunity of hearing so that he could make his submission to persuade the Magistrate to take cognizance of the offence and issue process. He has drawn my attention to Bhagwant Singh v. Commissioner of Police & Anr., 1985(2) RCR 259 (SC), Baggu alias Sunehra and others v. State of Haryana and others, 1986(2) RCR 323 and Kashmir Lal Khera v. Haryana State, 1996(1) RCR 410, in support of this submission. In my opinion the submission made by him is quite reasonable and should be accepted as the Magistrate could not have scuttled the FIR without hearing its initiator. So, this Criminal Misc. Application is allowed and Order Annexure P-2 dated 9.10.1996 passed by the Magistrate on the cancellation report submitted by police cancelling the aforesaid FIR case is set aside, Sh. A.S. Kalra submits that police did not join Jagjit Singh even in investigation and the investigation by the police is stated to be one sided. If advised, Jagjit Singh may move an application to Magistrate for his participation in investigation and if such application is moved Magistrate will pass an order thereon in accordance with law.