1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 14138-M of 2008. Date of Decision: 30.5.2008 *** Nand Gopal Soni .. Petitioner Vs. State of Punjab .. Respondent. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Rahul Sharma, Advocate *** ARVIND KUMAR, J. Heard. Notice of motion. Mr. B.S. Sra, DAG Punjab accepts notice on behalf of State. Through the instant petition, the petitioner has laid challenge to the order dated 1.12.2007 passed by Sub Divisional Judicial Magistrate whereby the “untraced” report submitted by the investigating agency in case FIR No.52 dated 18.3.2005, under Sections 406, 420 IPC, Police Station Garshankar, wherein petitioner has been arraigned as one of the accused, has been rejected and the matter has been directed to be re-investigated by an officer not below the rank of Superintendent of Police. It is apparent that the sole ground for rejection of the untraced report was the objection raised by the complainant to the said report and from the impugned order it is elicited out that no consideration on the material that has been put up by the investigating agency was made by the Magistrate. Moreover, there is no reflection in the impugned order that the investigation so conducted by the investigating agency was faulty or otherwise and what impressed the Magistrate to order re-investigation. The impugned order is a non-speaking one and cannot be sustained in the eyes of law. Accordingly, the impugned order dated 1.12.2007 is set aside and the matter is remitted back to the concerned court with a direction to pass orders afresh on the untraced report submitted by the investigating 2 agency without being influenced from any observation made hereinabove. Petition stands disposed of accordingly. (ARVIND KUMAR) JUDGE May 30,2008 Jiten