IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-25261 of 2009 (O&M) Date of decision : 9.9.2009 Yash Pal Agnihotri ....Petitioner Versus State of U.T., Chandigarh and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Ms.Jyoti Sareen, Advocate for the petitioner. MAHESH GROVER, J. This petition is directed against the order dated 4.5.2009 by which the Court of Addl. Sessions Judge, Chandigarh remitted the matter back to the Addl.Chief Judicial Magistrate, Chandigarh with a direction to proceed in accordance with law. The facts of the case reveal that initially the report under Section 173 Cr.P.C. prima facie established the culpability of the petitioner in the commission of offence under Sections 332 and 353 IPC pursuant to FIR No.238 dated 10.9.2006. The challan was presented despite the fact that an inquiry was being conducted on a complaint having been filed by the Senior Superintendent of Police which was to the knowledge of the person who had submitted the challan. In any eventuality supplementary challan under Section 173 (8) Cr.P.C. was submitted in which a cancellation report was submitted. The Addl.Chief Judicial Magistrate without issuance of Crl.Misc.No.M-25261 of 2009 (O&M) -2- notice to the complainant accepted the cancellation report on the basis of supplementary challan and discharged the petitioner. The revision preferred by the complainant was accepted primarily on the ground that the cancellation report could not have been accepted without issuance of notice to the complainant and in these circumstances the matter was remitted back to the Addl.Chief Judicial Magistrate for consideration afresh. Having regard to the aforesaid sequence of events, I am of the considered opinion that the impugned order dated 4.5.2009 does not suffer from any infirmity. It is the settled principle of law that a cancellation report if submitted cannot be accepted without notice to the complainant. No ground to interfere. Dismissed. 9.9.2009 (MAHESH GROVER) JUDGE dss