IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19509 of 2009 (O&M) Date of decision: 21.7.2009 Gurdev Singh and others .. Petitioners v. State of Punjab and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. H. S. Gill, Senior Advocate with Mr.Vivek Goyal, Advocate for the petitioners. ... Rajesh Bindal J. Challenge in the present petition is to the order dated 8.7.2009, passed by the learned court below, whereby the request of the petitioners for stay of further proceedings in the complaint filed by respondent No. 2- complainant, was declined. The prayer was made by the petitioners on the ground that on the cancellation report submitted by the prosecution, the Magistrate had not yet taken a final decision as the complainant was not appearing there. The submission is that the Court was required to deal with the cancellation report submitted by the prosecution first and then could proceed with the private complaint filed by the complainant with the same set of facts. After hearing learned counsel for the petitioner, I do not find any merit in the submissions made. A perusal of the impugned order shows that the file containing the cancellation report in the FIR registered with same set of facts against the petitioners was also tagged with the complaint. The proceedings in the complaint were at the stage of defence evidence. Considering these facts, the court below opined that the effect of cancellation report shall be considered at the time of final adjudication of the matter. In my opinion, the said order cannot be faulted with. Accordingly, the present petition is dismissed. (Rajesh Bindal) Judge 21.7.2009 mk