IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 1715 of 2008 Date of Decision : February 18 , 2009 Court on its own motion ....Petitioner Versus Investigating Officer, P.S. Sadar, Sirsa .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : None for the petitioner. Mr. S.K. Hooda, Senior Deputy Advocate General, Haryana for the respondent. T.P.S. MANN, J. (Oral) On September 30, 2008, during hearing of Crl. Misc. No. M-46743 of 2006, it was pointed out by the learned State counsel that the Investigating Officer had not come present. On the earlier date, i.e. 18.7.2008 a direction was issued that the Investigating Officer be present. Under these circumstances, notice was issued to the Investigating Officer of the case as to why contempt proceedings be not initiated against him for disobeying the order passed by the Court. On January 29, 2009, Inspector Shish Ram, Incharge, C.I.A. Staff, Sirsa, who was the Investigating Officer in FIR No. 175 dated 31.10.2004 registered at Police Station Sadar Sirsa under Sections 420, 467, 468, 471 and 120-B IPC appeared in the Court and stated that the cancellation report had since been presented before the Ilaqa Magistrate. Learned State counsel submits that Inspector Shish Ram could not put in appearance on September 30, 2008 during the hearing of Crl. Misc. No. M-46743 of 2006 for the reason that the police official, who had come C.O.C.P. No. 1715 of 2008 -2- present on the earlier date of hearing, i.e. 18.7.2008 did not inform him about the order requiring his presence in the Court. It is also submitted that Crl. Misc. No. M-46743 of 2006 has been dismissed on November 04, 2008 for the reason that cancellation report has already been submitted and prayer for quashing of the FIR had been rendered infructuous. The respondent, who is present in the Court, has tendered unqualified apology for his not appearing before the Court on September 30, 2008 at the time of hearing of Crl. Misc. No. M-46743 of 2006. Once a police official had come present at the time of hearing of the case on 18.7.2008 and the Court directed the Investigating Officer to come present on the next date of hearing, it was the duty of the said official to inform the Investigating Officer of the case about the orders passed by the High Court. Even if the concerned official had not passed on any information to the Investigating Officer, the latter was still under a duty to find out from the concerned official about the proceedings which had taken place on 18.7.2008 especially as the Investigating Officer, being an overall incharge of the case, was required to keep himself abreast of the proceedings in the case. Be that as it may, the main petition filed for quashing of the FIR stands dismissed. The respondent has expressed unqualified apology, which is accepted, subject to deposit of Rs. 1,000/- by him with the High Court Advocates' Welfare Fund within two days from today. The petition is, accordingly, disposed of. Rule is discharged. ( T.P.S. MANN ) February 18, 2009 JUDGE satish