Crl. Misc. No. M-37979 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-37979 of 2011 (O&M) Date of Decision : 15.12.2011 Meenakshi Saxena …Petitioner Versus State of Haryana and others …Respondents ………. CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- 1. Whether Reporters of local newspapers may be allowed to see judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Dr. Anmol Rattan Sidhu, Senior Advocate with Mr. Vinay Arora, Advocate, for the petitioner. *** Alok Singh, J. (Oral) Mr. Anmol Rattan Sidhu, Senior Advocate, assisted by Mr. Vinay Arora, Advocate for the petitioner states that petitioner is the complainant in FIR No.16, dated 17.01.2003, under Sections 380,454,506 IPC, registered at Police Station Samalkha, District Panipat and till date neither challan is submitted nor cancellation report is filed. Mr. Sidhu, in view of the dictum of the Hon’ble Apex Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and others’, resported in 2008 (2) SCC 409, has fairly stated that petitioner shall file complaint before the Magistrate under Section 200 Cr.P.C.; Since, police was investigating the matter pursuant to FIR No.16, dated 17.01.2003, under Sections 380,454,506 IPC, therefore, Magistrate is duty bound to call report under Section 210 Cr.P.C. from the police before proceeding further on the complaint. He seeks permission to withdraw this petition with the aforesaid liberty. Dismissed as withdrawn with the aforesaid liberty. However, it Crl. Misc. No. M-37979 of 2011 (O&M) 2 is clarified that if the complaint is filed by the petitioner under Section 200 Cr.P.C. and Magistrate is apprised of the fact that police was investigating the case pursuant to the said FIR, Magistrate shall call the report from Police Station Samalkha, District Panipat pursuant to said FIR within such time as fixed by the learned Magistrate and thereafter learned Magistrate shall proceed with the complaint in accordance with law. ( Alok Singh ) December 15, 2011 Judge Anand