Criminal Misc. No. M- 9592 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 9592 of 2011 Date of decision:- 30.3.2011 Joginder Singh (Sarpanch) ...Petitioner Versus Sher Singh and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. A.P. Bhandari, Advocate for the petitioner. RITU BAHRI J. Challenge in this petition is to the order dated 03.9.2009 whereby the Magistrate by exercising powers under Section 203 Cr.P.C. has dismissed the complaint filed by the petitioner. Mr. A.P. Bhandari, Advocate counsel for the petitioner has argued that the Magistrate under Section 203 Cr.P.C. has not applied its mind and has dismissed their complaint without even issuing the process. He has emphasized that on 05.4.2009 the alleged occurrence took place, whereas the medical legal report is of dated 07.4.2009. The complainant Joginder Singh was released by the police on 06.4.2009. No explanation was given as to why the complainant kept waiting for 7th April 2009 for medical examination. Further, the present complaint has been instituted on 22.4.2009, which is also delayed. These are not sufficient grounds to dismiss the complaint filed by the petitioner. I have heard learned counsel for the petitioner and have gone through the records carefully. It is not disputed that there are some civil cases pending between Criminal Misc. No. M- 9592 of 2011 -2- the complainant and accused Nos.1 and 2. As per the complainant he has suffered huge loss mentally and physically and he is entitled to recover of Rs.2,00,000/- from the accused with interest @ 24% w.e.f. 05.4.2009 till realization. Criminal miscellaneous petition is dismissed. March 30, 2011 ( RITU BAHRI ) Vijay Asija JUDGE