IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-15078 of 2009 Date of Decision:2.5.2011 Harpal Singh and another .... Petitioners Versus State of Haryana and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. A.P.S. Tung, Advocate for the petitioners. Mr. Sidharth Sarup, D.A.G. Haryana. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of criminal complaint No.75/05 dated 11.4.2005 titled as Krishan Kumar versus Roshan Lal and others under Sections 419,420,467,468,471,506 IPC and summoning order dated 3.12.2005. Upon notice, reply has been filed by the State. Whereas, no reply has been filed on behalf of respondent No.2 in spite of service. Rather, on 26.7.2010, the following order was passed in the presence of the learned counsel for respondent No.2: “It is contended that the complaint was dismissed in default way back in 2005. In spite of the complaint having been dismissed in default, the proceedings before the trial Court are continuing. On 21.8.2009, the present petition was adjourned to file reply. Thereafter, CRM M-15078 of 2009 -2- five adjournments have been granted to file reply but no reply has been filed. In the interest of justice, last opportunity is granted to file reply. Adjourned to 11.10.2010. Meanwhile, proceedings before the trial Court shall remain stayed.” Thereafter, the matter has been adjourned number of times but no reply has been filed till date. Today, learned counsel for respondent is not present. Respondent No.2 had earlier lodged FIR No.303 dated 7.12.2009 under Sections 419,420,466,467,468,471 IPC at Police Station Madlauda. After investigation, the police submitted cancellation report against all the accused persons. The cancellation report was accepted by the Court vide order dated 10.12.2004. Thereafter, respondent No.2 filed the present complaint against the petitioners on 11.4.2005. The allegations levelled in the present complaint are the same as levelled in the earlier FIR. The said complaint, which was pending in the Court of Sh. Sandeep Kumar JMIC was dismissed in default vide order dated 31.10.2005. Thereafter, the said complaint was never restored and the order dated 31.10.2005 attained finality. In spite of the above, the Court sought the report from the Police under Section 202 Cr.P.C. and on the basis of the said report, the Court summoned the petitioners vide order dated 3.12.2005. In view of the admitted facts that the complaint stood already dismissed vide order dated 31.10.2005 and the said order CRM M-15078 of 2009 -3- had attained finality. As such the order dated 3.12.2005 issuing summon on the basis of a report under Section 202 of the Cr.P.C. is an error on the fact of it and thus illegal amounting to recalling an order for which there is no provision. Accordingly, the present petition is allowed and criminal complaint No.75/05 dated 11.4.2005 titled as Krishan Kumar versus Roshan Lal and others under Sections 419,420,467,468,471,506 IPC and summoning order dated 3.12.2005 as well as all the consequential proceedings arising therefrom are hereby set aside. 2.5.2011 ( NIRMALJIT KAUR ) rajeev JUDGE