Crl. Misc No. 16383-M of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. 16383-M of 2007 Date of decision : 07.08.2009 Sudhir Arora and another ....Petitioners V/s Ram Kumar ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vikram Chaudhri, Advocate for the petitioners. Mr. J.S. Thind, Advocate for the respondent. RAJAN GUPTA J. (ORAL) Petitioners are seeking quashing of the complaint titled Ram Kumar Vs. Sudhir Arora and another (Annexure P8) pending in the court of Judicial Magistrate Ist Class, Amritsar filed under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act, 1989 and under Sections 452, 323, 506, 34 IPC and the summoning order, Annexure P-9, dated 13.01.2007 passed by the learned Judicial Magistrate Ist Class, Amritsar whereby process has been issued against the petitioners. Learned counsel for the petitioners submits that the Magistrate in conformity with the provisions contained in Section 202 Cr.P.C. should have followed the procedure prescribed therein. The court should have postponed the issuance of process or directed an investigation to be made by a police officer or by such other person as he deemed fit, for the purpose of Crl. Misc No. 16383-M of 2007 2 deciding whether there were sufficient grounds to proceed in the case. He could have issued process for appearance of the accused only after recording satisfaction in terms of mandate of Section 202 Cr.P.C. According to the counsel, this was particularly necessary in view of the fact that earlier regarding the same subject matter, a complaint was made to the police, pursuant to which an enquiry was made by the police officer including a Deputy Superintendent of Police and a report was submitted. Learned counsel appearing for the respondent submits that he has no objection if the said procedure is followed and the trial court arrives at its satisfaction in terms of Section 202 Cr.P.C. Under the circumstances, I am of the considered view that the summoning order Annexure P-9 deserves to be set-aside. The Magistrate may proceed afresh in the case and take into consideration the contention that earlier there was a complaint made to the police and enquiry was conducted. The Magistrate may call for a report from the police or may direct an investigation in terms of Section 202 Cr.P.C. before taking a fresh decision in the matter. Allowed in aforesaid terms. 07.08.2009 (RAJAN GUPTA) Ajay JUDGE