Criminal Misc. No. M-1454 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Misc. No. M-1454 of 2010 Date of Decision: November 08, 2010 O.P.Jindal and others ...........Petitioners Versus State of Punjab and another ..........Respondents Coram: Hon'ble Mrs.Justice Sabina Present: Mr. J.S.Bedi, Advocate for the petitioners. Mr.Amandeep Singh Rai, Assistant Advocate General, Haryana Mr.Harsh Aggarwal,Advocate for respondent No.2 Sabina, J. This petition has been filed under Section 482 of the Code of Criminal Procedure(for short`Cr.P.C.') for quashing of criminal complaint No. 242/2 dated 12.12.2006 filed by respondent No.2, complainant under Sections 403, 406, 424, 467, 468, 471, 376, 511, 420, 120-B of the Indian Penal Code (`IPC' for short) (Annexure P3) and summoning order dated 12.11.2007(Annexure P4) passed by the Judicial Magistrate Ist Class, Ludhiana and all subsequent proceedings arising therefrom. Learned counsel for the petitioner has submitted that the trial Court had passed the summoning order without taking into consideration the cancellation report submitted by the Investigating Agency. Criminal Misc. No. M-11186 of 2009 filed by the co-accused Anu Garg and another Criminal Misc. No. M-1454 of 2010 2 was allowed by this Court and the summoning order was quashed and the learned judicial Magistrate was directed to pass a fresh order in accordance with law. Learned counsel has placed reliance on Kuldip Raj Mahajan v. Hukam Chand 2008(1) RCR(Criminal) 370 and Abhi and Others vs. Arjuna Charan Sutar 1995(3)Crimes 607. Learned counsel for respondent No.2, on the other hand, has opposed the petition. In the present case, the FIR was registered against the petitioners on 16.1.2005. Thereafter, a cancellation report was prepared by the Investigating Agency on 3.12.2006 and was presented before the Area Magistrate on 12.12.2006. On the same day, respondent filed the present complaint. The learned trial Court has passed the impugned summoning order on 12.11.2007 whereby the petitioners and other co-accused have been ordered to be summoned to face the trial for an offence under Sections 424,467,468,471 IPC. A perusal of the impugned order reveals that while passing the said order, the learned trial Court has failed to consider the cancellation report submitted by the Investigating Agency. Learned Magistrate was required to take in consideration the cancellation report while passing the summoning order. In these circumstances, the impugned order is liable to be set aside. Accordingly, this petition is allowed. The summoning order dated 12.11.2007 is set aside and the learned trial Court is directed to pass a fresh order in accordance with law. ( Sabina ) Judge November 08,2010 arya Criminal Misc. No. M-1454 of 2010 3