CRM No.M-24108 of 2011(O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-24108 of 2011(O & M) Date of decision : 10.8.2011 Ramesh Kumar ........Petitioner Vs. State of Punjab and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Deepak Aggarwal, Advocate, for the petitioner --- AJAI LAMBA, J (Oral) This petition challenges order dated 8.7.2011 vide which application filed by the prosecution under Section 473 of the Criminal Procedure Code has been allowed and delay in filing the challan has been condoned on the ground that prosecution has properly and satisfactorily explained the cause of delay that occurred in presentation of challan and that it would be in the interest of justice to condone the delay. Facts in brief are that FIR No.101 was registered on 27.8.2008 for commission of offence under Sections 447 of the Indian Penal Code, Police station Talwandi Sabo on the basis of complaint dated 27.8.2008. The alleged offence itself had been committed on 20.8.2008. Thus, the complainant did not cause delay in lodging of complaint or registration of FIR. 5/6 persons could not be traced and therefore, challan could not be presented in time and had been presented after a delay of one week. In such circumstances, application under Section 473 of the Criminal Procedure Code was filed by the prosecution that has been allowed by the trial Magistrate. CRM No.M-24108 of 2011(O & M) -2- The trial Court has taken note of the fact that Investigating Officer was looking for 5/6 persons who were migrant labourers and had allegedly accompanied the accused in commission of the offence. It is for this reason that challan could not be presented within time. The trial Court has recorded its satisfaction on the grounds and reasons assigned by the prosecution in filing the challan late. In such circumstances, in exercise of jurisdiction under Section 482 of the Criminal Procedure Code, 1973, this Court finds no illegality in passing of the order by the lower Court. No ground for interference is made out. This petition is dismissed. (AJAI LAMBA) JUDGE 10.8.2011 akm