Criminal Misc. No. 18247-M OF 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 1504 of 2011 and Criminal Misc. No. 18247-M OF 2010 (O&M) Date of decision:13th January, 2011 Ashok Kumar .......Petitioner Versus State of Punjab and another ........Respondents BEFORE: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr. Vikas Bahl, Advocate, for the petitioner. Mr. Sandeep Moudgil, DAG, Punjab for respondent No. 1. Mr. R.S.Athwal, Advocate, for respondent No. 2. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Nirmaljit Kaur, J.(Oral) Criminal Misc. No. 1504 of 2011 Allowed as prayed for. Reply and Annexure R-2/1 are taken on record. Criminal Misc. No. 18247-M OF 2010 (O&M) This is a petition under Section 482 Cr.P.C. for quashing/setting aside the Complaint No. 266/1/07 dated 1.09.2007, under Sections 279/304-A of the Indian Penal Code(Annexure P-1) and Criminal Misc. No. 18247-M OF 2010 (O&M) 2 also the Summoning Order dated 28.02.2009, vide which, the above said petitioner has been summoned under Section 304-A of the Indian Penal Code(Annexure P-2) and all the subsequent proceedings arising therefrom. It is not disputed that the provisions of amended Sections 201 and 210 of the Cr.P.C. have not been complied with. It is further apparent from Annexure P-4 that an FIR was lodged with respect to the same dispute by the same complainant. The cancellation repot was submitted, subsequently, reinvestigation was ordered. It is not on record as to whether the final report in pursuance to the reinvestigation has been submitted by the prosecution or not. However, it is evident that the Magistrate has not taken into consideration the said report, if any. As such, Section 210 of Cr.P.C has also not been complied with. In view of the above, impugned order dated 28.02.2009 is set aside with the further direction to the trial court to proceed further after complying with the amended provisions of Sections 201 and 210 of Cr.P.C. However, taking into account the fact that the FIR pertains to the year 2008, the trial court is directed to decide the case as expeditiously as possible. [NIRMALJIT KAUR] JUDGE 13th January, 2011 Shivani Kaushik