IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-12729 of 2009 Date of decision : November 04, 2009 Soran Lal ....Petitioner versus State of Haryana and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Sushil Gautam, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Soran Lal has filed this petition under section 482 of Code of Criminal Procedure (in short, Cr.P.C. ) for directing respondent nos. 4 and 5 i.e. Superintendent of Police, Kaithal and Station House Officer, Police Station Siwan, District Kaithal to initiate proper, fair and speeding investigation in FIR No. 149 dated 28.11.2008 under sections 409, 465, 468, 471 IPC, Police Station Siwan, District Kaithal. It is alleged in the petition that the petitioner along with Sukhraj had filed Criminal Misc. No. 26857-M of 2008 in this Court for direction to Deputy Commissioner, Kaithal to get FIR registered against the Sarpanch of village Gogh Nagal regarding corruption, embezzlement and mis-appropriation of public money as he was found guilty in an inquiry conducted by Deputy Commissioner, Kaithal. After notice was issued to Criminal Misc. No. M-12729 of 2009 -2- Deputy Commissioner in that petition, he got the aforesaid FIR registered. However, the police has not initiated any action against the accused. The petitioner who was the complainant has not been joined in the investigation. In reply filed on behalf of respondent nos. 4 and 5, it has been alleged that the aforesaid FIR was registered on the complaint of Smt. Kiran Sharma, Social Welfare Officer, Kaithal. It was alleged in the FIR that Ramesh Kumar Sarpanch of village Gogh Nagal had mis-appropriated the amount of oldage pension of Karan Singh, Harbans Kaur and Gurmeet Kaur for the months of May, 2006 to December, 2006 amounting to Rs 7600/- by forging record by depicting false disbursement of pension to them. The aforesaid three persons, however, submitted affidavit during investigation affirming that they had received pension amount. Consequently, cancellation report was filed by the police in concerned court. Learned State counsel, on instructions from ASI Balbir Singh, states that the aforesaid cancellation report has since been accepted by Illaqua Magistrate on 26.10.2009 after notice to complainant Smt. Kiran Sharma, Social Welfare Officer. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner vehemently contended that although FIR was registered on the basis of complaint made by the petitioner, no notice of cancellation report was issued to the petitioner. Learned State counsel, on the other hand, contended that since FIR was lodged by Smt. Kiran Sharma, Social Welfare Officer, notice of cancellation Criminal Misc. No. M-12729 of 2009 -3- was issued to her and cancellation report was accepted thereafter by the Illaqua Magistrate. I have carefully considered the matter. Reply on behalf of respondent nos. 4 and 5 was filed in the instant case on 11.9.2009 and copy thereof was supplied to learned counsel for the petitioner on the same date. It has been mentioned in the reply itself that cancellation report had been filed in the concerned court. This case was adjourned to 23.10.2009. On that date also, learned State counsel stated that the cancellation report was pending before Illaqua Magistrate and notice had been issued to the complainant for 26.10.2009 by the Illaqua Magistrate. If inspite thereof, the petitioner did not take steps to appear before the Illaqua Magistrate, the petitioner has to be blamed himself and nobody else. As noticed hereinabove, the cancellation report has since been accepted by the Illaqua Magistrate. Moreover, the alleged beneficiaries whose oldage pension amount was said to have been misappropriated by the Sarpanch have furnished affidavits during investigation that they had received said pension amount. In view of the aforesaid, I find no merit in the instant petition. The same is accordingly dismissed. ( L.N. Mittal ) November 04, 2009 Judge 'dalbir'