IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. 2518-M of 2009 DATE OF DECISION : JANUARY 13, 2010 SUNIL KUMAR ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. DPS Kahlon, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. Mr. SS Sandhu, Advocate, for respondent No.5. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, has been filed for handing over of investigation of FIR No.538 dated 14.11.2008 under Sections 324, 341, 506, 148, 149, Indian Penal Code, Police Station, Sadar Patiala, (Annexure P-2) to the Central Bureau of Investigation or any other independent agency. The allegation is that senior police officer; namely, Shri Mohd. Mustafa, IPS, is helping the accused and, therefore, fair investigation is not expected. Criminal Misc. No. 2518-M of 2009 2 Learned counsel for the respondent-State has pointed out that the investigation was concluded and cancellation report was filed. In accordance with law, a notice was issued to the petitioner-complainant who, however, refused to accept the process and, therefore, left with no alternative, the Magistrate accepted the cancellation report, as is evident from order dated 16.7.2009, as reproduced in the affidavit of Shri Davinder Singh, Deputy Superintendent of Police, Rural, Patiala, sworn on 24.10.2009. I have considered the issue. Learned counsel for the petitioner contends that the petitioner would be satisfied if he is allowed the liberty to file a protest petition/complaint. Learned counsel for the petitioner further states that, in fact, it is a procured report. No notice was sent to the complainant and, therefore, the basis of order passed by the Magistrate in that regard is absent. In this regard, affidavit of the petitioner-complainant-Sunil Kumar, sworn on 13.1.2010, has been filed in court, which is taken on record. On a perusal of the documents placed before me, I find that the respondents have not filed any document to show that notice had been refused by the petitioner. In the absence of any material and considering the nature of allegations made in the petition, I deem it appropriate to quash order dated 16.7.2009. In view of the above, order dated 16.7.2009 is hereby quashed. It is directed that a complete copy of the cancellation report would be given to the petitioner who shall be at liberty to file a protest Criminal Misc. No. 2518-M of 2009 3 petition/complaint. The petition stands disposed of. January 13, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?