IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-9099 of 2010 Date of Decision:9.5.2011 Harbans Singh Chhina .... Petitioner Versus State of Punjab and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. H.S. Batth, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G. Punjab. **** 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 of the Code of Criminal Procedure for quashing of order dated 4.9.2009 (P-12) passed by the Court of Sh. S.S. Panesar, CJM, Tarn Taran, wherein the cancellation report submitted by the police in FIR No.113 dated 1.8.2008 under Sections 542/506/148/149 IPC registered at Police Station Jhabal, District Tarn Taran has been accepted without executing the service of the petitioner-complainant. Service is complete. Reply has been filed by the State. It is not disputed that the petitioner-complainant was never served. Although notices were issued for 6.3.2009, 18.3.2009, 10.5.2009, he was never served. In view of the admitted position, the present petition is partly allowed and the order dated 4.9.2009 (P-12) passed by the Court of Sh. S.S. Panesar, CJM, Tarn Taran, is set aside and the CRM M-9099 of 2010 -2- matter is remanded back to the concerned court to decide afresh after given an opportunity to the petitioner-complainant to put his version across. The petitioner-complainant shall appear before the Court on 25.5.2011 and the Magistrate shall thereafter proceed in accordance with law. 9.5.2011 ( NIRMALJIT KAUR ) rajeev JUDGE