Crl. Misc. No. M-24023 of 2011 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-24023 of 2011 (O & M) DATE OF DECISION: August 12, 2011 Gurinder Pal Singh .........PETITIONER(S) VERSUS State of Punjab ........ RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. ADS Sukhija, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) This petition filed under Section 482 Cr.P.C. prays for quashing order dated 22.04.2011, vide which Judicial Magistrate, Mohali has accepted the cancellation report furnished in context of investigation in case FIR No. 300 dated 14.10.2004 under Sections 420/120-B IPC, P.S. Phase 8, Mohali. Learned counsel for the petitioner contends that the petitioner was confined to bed for about three months. On one occasion, he happened to be present in Court in context of another case, whereupon the petitioner was summoned to the Court of Sub Divisional Judicial Magistrate and was apprised of the fact that cancellation report has been filed. Despite oral objection of the applicant that copy of the report has not been given to the applicant and the applicant would like to file a protest petition, order dated 22.04.2011 has been passed. Learned counsel further contends that he has reasonable apprehension that the Magistrate has gone through the entire Crl. Misc. No. M-24023 of 2011 (O & M) 2 investigation file and, therefore, has already formulated his opinion that no offence is made out. In such circumstances, filing of a protest petition might be rendered an exercise in futility. I have considered the contention of the learned counsel and his apprehension. Copy of cancellation report was required to be given to the petitioner so as to enable him to file a protest petition and complaint, if the facts and circumstances so warrant or to file an application for further investigation or reinvestigation on the grounds to be stated in the application. In the case in hand, the Magistrate has considered the investigation report which is within the domain of the jurisdiction of Magistrate and, therefore, in that context I do not trace any illegality in passing of the order. Be that as it may, the right of the petitioner to file a protest petition and to file a complaint cannot be defeated by virtue of filing of cancellation report, per se. In such circumstances, this petition is disposed of with liberty to the petitioner to file a protest petition/complaint before the Magistrate who although would be required to take into account the investigation file, however, would also apply his independent mind on the complaint and material placed therewith so as to consider whether accused are required to be summoned or not. Because the FIR was lodged in the year 2004 and more than 6 years have gone by, this Court trusts that the Magistrate shall take appropriate action so as to ensure early disposal of the matter. 12.08.2011 (AJAI LAMBA) shivani JUDGE