1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.31183-M of 2008. Date of Decision: 28.11.2008. *** Sandeep Singh. .. Petitioner Vs. State of Punjab & Anr. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Ashok Saini, Advocate for the petitioner. *** ARVIND KUMAR, J. Heard. Notice of motion to State only. Mr. B.S.Sra, DAG Punjab accepts notice. The petitioner is aggrieved with the order dated 19.11.2008 passed in case FIR No. 273 of 2007, registered at Police Station Civil Lines, Batala, under Sections 307, 452, 336, 506, 148, 149 IPC wherein, on the cancellation report submitted by the police, which was not acceptable to the complainant, the Court ordered re-investigation in the matter. The main stress is that the order is non-speaking one. A perusal of the impugned order reveals that no reasons whatsoever have been given by the Magistrate which prompted him to order re-investigation in the matter, whilst he was required to apply judicious mind to the material placed on record and by a reasoned and speaking order proceed further in the matter. Since the order is non-speaking one, the same cannot be sustained in the eyes of law and is accordingly set aside and the matter is remitted back to the trial court with a direction that it shall pass orders afresh without being influenced from any observation made hereinabove 2 and after issuing notice to the complainant, who has since not been given due notice herein as in the considered opinion of this Court, no useful purpose would be served by calling the complainant-respondent No.2, who has to unnecessarily bear heavy expenses to contest the litigation before this Court. However, he is at liberty to file an application for recalling of this order, in case of any dis-satisfaction. Petition stands disposed of accordingly. (ARVIND KUMAR) JUDGE November 28,2008 Jiten