IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-1283 of 2009 Date of Decision: March 11, 2010 Avtar Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - None for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab, for respondent Nos.1, 5 and 6. Mr. Deepak Goyal, Advocate, for Mr. Yogesh Goel, Advocate, for respondent Nos.2 to 4. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439(2) Cr.P.C. for cancellation of bail granted vide Order dated 17.12.2008 (Annexure P-1) in FIR No.296 dated 27.10.2008 under Sections 420, 465, 467, 468, 471, 120-B IPC registered with Police Station, Division No.5, Ludhiana. Learned counsel for the respondent- State has pointed out that cause of action does Crl. Misc. No. M-1283 of 2009 [2] not survive any more in so much as cancellation report has been prepared and is going to be filed very soon. I have considered the issue. From the reply filed by way of affidavit of Balraj Singh Gill, PPS, Deputy Superintendent of Police, E.O. Wing, Ludhiana City, on behalf of respondent Nos.1, 5 and 6, it transpires that investigation has been concluded. It has been concluded by the investigating agency that the issue is of civil nature. Civil case is also pending between the parties. Partition proceedings between the parties are pending before the Financial Commissioner. The matter being subjudice before the Civil Court on the same issue, it has been recommended that case be cancelled. Opinion of District Attorney (Legal) is also to the same effect. In view of the facts and circumstances of the case, Senior Superintendent of Police, Ludhiana, directed the investigating officer to prepare a cancellation report in the matter and submit it to the Court having competent jurisdiction. Cancellation report has been prepared on 14.3.2009 and is pending completion of procedural formalities. In view of the above, no case for Crl. Misc. No. M-1283 of 2009 [3] cancellation of bail is made out. The petition is dismissed. The respondent-State, however, is directed to file cancellation report before the Illaqa Magistrate within a period of three weeks from today, if the same has not been done. (AJAI LAMBA) March 11, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?