Criminal Misc. No. M- 13549 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Criminal Misc. No. M- 13549 of 2010 Date of decision:- 14.2.2011 Hans Raj Rathi ...Petitioner Versus State of Haryana ...Respondent 2. Criminal Misc. No. M- 27627 of 2010 Hans Raj Rathi ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- By post (Criminal Misc. No. M-13549 of 2010). Mr. Dinesh Arora, Advocate for the petitioner. (In Criminal Misc. No. M-27627 of 2010) Mr. P.S. Virk, DAG Haryana. RITU BAHRI J.(Oral) This order shall dispose of both the aforesaid petitions. The Criminal Misc. No. M-27627 of 2010 under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No. 406 dated 05.9.2009 under Sections 420,465,466,467,468 and 120-B IPC, registered at Police Station Civil Lines, Gurgaon. During the pendency of the above criminal miscellaneous counsel Criminal Misc. No. M- 13549 of 2010 -2- for the State Mr. P.S. Virk, DAG Haryana has informed the Court that as per reply filed by Mr. Ravinder Kumar, Assistant Commissioner of Police, City, Gurgaon (in Criminal Misc. No. M-13549 of 2010) dated 23.8.2010, the petitioner was arrested on 05.9.2009 in connection with preparing the forged documents from the computer through internet and selling the said forged documents. After completion of investigation, the challan of the case was submitted in the Court of the Illaqa Magistrate, Gurgaon on 03.8.2009. Thereafter, as per direction issued by the Commissioner of Police, Gurgaon vide letter No.15973-74 /CC dated 07.6.2010, further investigation of the case was carried out by Shri Rajesh Duggal, Assistant Commissioner of Police, Udyog Gurgaon. During investigation after recording the statements under Section 161 Cr.P.C. of the relevant persons and after seeing the CD on computer, produced by the petitioner, the investigating authority came to the conclusion that the allegations leveled by the petitioner in the petition are true and direction was given to submit a supplementary challan under Section 173(8) Cr.P.C. depicting all the facts and SHO was directed to get the petitioner i.e. Hans Raj Rathi and his co-accused namely Rajender Kumar and Narender Kumar discharged from the Court. The Station House Officer, Police Station Civil Lines, Gurgaon has submitted a supplementary challan under Section 173(8) Cr.P.C. on 11.8.2010 in the Court of learned Additional Chief Judicial Magistrate, Gurgaon. A prayer was made to treat the earlier challan as cancelled and the petitioner and his co-accused namely Rajender and Narender Kumar may be discharged. FIR No. 381 dated 29.7.2010 under Sections 347,166,384 and 120-B IPC and under Section 7/13 of PC Act, 1998, registered at Police Station Civil Lines, Gurgaon is against the defaulting police officials i.e. SI Ram Dayal, HC Vinod, Constable Rajesh, Constable Janmitar, Constable Sunil and one unknown person. Mr. Dinesh Arora, Advocate counsel for the petitioner submits that cancellation report with regard to the FIR in question has been filed on 11.8.2010 before the Court for Criminal Misc. No. M- 13549 of 2010 -3- acceptance and the next date fixed in the case is 26.2.2011. These petitions are disposed of with direction to the Court of Additional Chief Judicial Magistrate, Gurgaon to pass the order on the cancellation report and send the report to this Court within a period of one month from the date of receipt of certified copy of this order. February 14, 2011 ( RITU BAHRI ) Vijay Asija JUDGE