Crl. Misc. No. M-23947 of 2009 :1: IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * Crl. Misc. No. M-23947 of 2009 Date of decision : October 13, 2009 * * * * * Shashi Devi ............Petitioners Versus State of Punjab and another ...........Respondents * * * * * CORAM: HON'BLE MR. JUSTICE JORA SINGH * * * * * Present: Mr. R.K Joshi, Advocate for the petitioners. * * * * * JORA SINGH, J. Learned counsel for the petitioner says that FIR No.296 dated 9.9.2008 was registered at Police Station City Faridkot. Counsel for the petitioner states that FIR No.296 was registered against the petitioners. Firstly, vide its report Annexure P-8, SHO reported that allegation of the complainant was found to be false. Again investigation was conducted by DSP. DSP vide his report Annexure P-9 stated that allegation of the complainant was found to Crl. Misc. No. M-23947 of 2009 :2: be false. Third time, investigation was conducted by the Superintendent of Police and the Superintendent of Police vide his report Annexure P-10 reported that allegation of the complainant was found to be false. Cancellation report was submitted in the Court but vide order Annexure P-15, cancellation report was not accepted. Direction was given to re-investigate the matter. Counsel for the petitioner says that Magistrate had no power to direct reinvestigation of the case. Reliance has been placed on Niranjan Singh vs. State of punjab, 2003 (2) RCR (Criminal) 843. In this case, cancellation report was submitted in the Court. Magistrate did not accept the cancellation report simply because complainant did not want it. Summoning order was challenged and the same was quashed with a direction to the Magistrate to pass speaking order. In the present case, after direction to reinvestigate the matter, no summoning order was passed. Only direction was given to the State to reinvestigate the matter. Learned counsel for the petitioner failed to cite any authority that after the investigation if the accused is found innocent and cancellation report is submitted in the Court then Magistrate had no power to reject the cancellation report and direct the prosecution to reinvestigate the matter. In the present case, after reinvestigation either the challan or the cancellation report is to be presented. Court is to see whether cancellation report is to be accepted or not. In case cancellation report is to be submitted and the same is accepted then remedy available with the petitioner is to file private complaint. Crl. Misc. No. M-23947 of 2009 :3: In view of the above discussion, the petition without merit is dismissed. October 13, 2009 ( JORA SINGH ) ritu JUDGE