IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M- 16382 of 2011(O&M) Date of Decision: August 16, 2011 Balbir Pal ... Petitioner Versus State of Haryana and others ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Parminder Singh, Advocate, for the petitioner. Mr.Satyavir Singh Yadav, Deputy Advocate General, Haryana for respondent – State. (assisted by Assistant Sub-Inspector Suraj Bhan) Mr.Anand Singh, Advocate for respondents No.2 to 5. NAWAB SINGH J.(ORAL) Challenge is to the order dated February 11th, 2011 passed by Additional Chief Judicial Magistrate, Karnal. For facilitation, the order is reproduced as under:- “Report received from the SHO, by virtue of which cancellation report is forwarded in the matter. No further action is called for. Papers be attached with the FIR.” The solitary submission of the learned counsel for the petitioner is that no notice was served upon the petitioner, at whose instance the FIR was lodged. He was not given an opportunity to contest the report for cancellation filed by the prosecution in case bearing FIR No.521 dated September 06th, 2010, registered under Sections 323, 325, 452, 504, 506 read with Section 34 of the Indian Penal Code, in Police Station Sadar, Karnal. A perusal of the impugned order shows that no notice was issued to the petitioner, rather, after filing of the report for cancellation of the case, the Trial Court accepted the same. In view of this, the petition is accepted. Order under challenge is set aside with a direction to the Trial Magistrate to proceed further, in accordance with law, after issuing notice to the petitioner. August 16, 2011 ( NAWAB SINGH ) gian JUDGE