IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18037 of 2009 Date of decision:March 10, 2010 Darshan Singh Petitioner Versus State of Punjab and others Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: None for the petitioner Mr. B.S. Sra, Addl. A.G. Punjab for the respondent – State DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for giving directions to the respondents to take action against Subhash Chaudhary, Tehsildar Patti now Tehsildar Khadoor Sahib in case FIR No. 248 dated 17.10.2008 registered at Police Station Patti, District Tarn Taran under Sections 420, 467, 468, 471 IPC. On 8.7.2009, notice of motion was issued on the basis of contention raised by learned counsel for the petitioner that FIR has been registered against Tehsildar Subhash Chaudhary but no action has been taken against the accused persons. Reply by way of affidavit of Kirpal Singh, PPS, Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran has been filed on behalf of respondents No. 1 and 4 and the following submissions have been recorded by way of preliminary submission:- “ That on the complaint No. 093-DPO dated 18.7.2007 moved before the SSP Tarn Taran and on the basis of the enquiry report of Surinder Kumar Incharge Economic Offence Wing, Tarn Taran dated 13.10.2007 and with the directions of the SSP, Tarn Taran case FIR No. 248 dated 17.10.2007 PS Crl. Misc. No. M-18037 of 2009 2 Patti, District Tarn Taran under Section 420/467/468/471 IPC has since been registered against Subash Chander Chaudhary, Tehsildaar Patti, now Tehsildar Khadoor Sahib, Balwinder Kaur wife of Kartar Singh and Darshan Kaur wife of Shubeg Singh and the accused Subash Chander Chaudhary, Tehsildar Patti, now Tehsildaar Khadoor Sahib was admitted to anticipatory bail alongwith other accused and they had joined investigation, but thereafter on the basis of the letter No. 2(1) 70/08-MA1(1) 3755 dated 13.05.2008 sent by Deputy Secretary Government of Punjab revenue Department Chandigarh to Deputy Commissioner Tarn Taran directed therein to cancellation of case FIR No. 248 dated 17.10.2007 PS Patti, District Tarn Taran and on the basis of letter No. EA/BC-2/190 dated 06.06.2008 of the Deputy Commissioner, Tarn Taran directing the SSP, Tarn Taran for the cancellation of the case noted above and accordingly as per the order and direction of the Senior Superintendent of Police Tarn Taran cancellation report of the case noted above was presented in the Court of Shri Jaspal Verma, Learned Sub Divisional Judicial Magistrate, Patti, but the same was returned back to the SHO, PS Patti through the Learned APP for the state for the consignment in GRK Branch, because the complainant has already filed protest petition and the4 case is to be tried as private complaint vide order dated 21.7.2009. It is pertinent to mention here that now the order has been issued by the Deputy Commissioner, Tarn Taran, District Tarn Taran on the basis of letter issued by the revenue and rehabilitation department of Punjab Government bearing Memo No. 2(1)70- Crl. Misc. No. M-18037 of 2009 3 08 (1) 3755 dated 13.5.2008 and FIR was cancelled and now Financial Commissioner (Revenue) Punjab has issued fresh Memo No. 2(1) 70-08 1/1179 dated 18.02.2009 vide which appropriate action has been ordered to be taken in FIR No. 248/07 and letter bearing No. E.A./B.C.-2/190 dated 06.06.2008 recommending the cancellation has been withdrawn and now the investigation has been restarted on the basis of this letter and the cancelation report submitted to the Learned area Magistrate has not been sanctioned by the Court of Shri Jaspal Verma, Learned SDJM, Patti and now the Police of Police Station Patti is further investigating the case afresh and on completion of investigation the challan will be present in the Court.” Learned counsel for the respondent – State submits that after reinvestigation, the challan has been prepared. Keeping in view the submissions made by learned counsel for the respondent-State, the present petition has become infructuous. Dismissed as having become infructuous. (DAYA CHAUDHARY) 10.03.2010 JUDGE reena