Crl. Misc. No.M-11573 of 2011 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-11573 of 2011 Date of decision: April 20, 2011. Sila alias Sushil & Ors. ... Petitioner(s) v. State of Haryana & Anr. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Nonish Kumar, Advocate, for the petitioner(s). Kanwaljit Singh Ahluwalia , J. (Oral): Petitioners seek quashing of Criminal Complaint No.31/2009 dated 21.7.2009 (Annexure P-4) filed by respondent No.2 in which they have been summoned to stand trial vide summoning order dated 26.2.2011 (Annexure P-5). Grievance of the petitioners is that similar allegations levelled in the complaint were the subject matter of FIR No.34 dated 15.1.2009, registered at Police Station Assadh, District Karnal, under Sections 323, 341, 324, 326, 506, 34 IPC and therein not only the Investigating Officer but an officer of the rank of Superintendent of Police, Karnal also had found the petitioners innocent and filed a cancellation report. Counsel submits that once the petitioners have been absolved of the charges by the police, the criminal court cannot summon and put them to trial. Crl. Misc. No.M-11573 of 2011 -: 2 :- In the humble opinion of this Court, the argument advanced by the Counsel cannot be entertained. In case the complainant is not satisfied with the investigation conducted by the police, he has a remedy to file a complaint and because of the mere fact that the police has found the accused innocent, will not cease the powers of the Magistrate to try the accused in a private complaint. Thus, this Court cannot come to the rescue of the petitioners. However, the petitioners may raise all arguments in accordance with the provisions of law at an appropriate stage. Dismissed. [Kanwaljit Singh Ahluwalia] April 20, 2011. Judge kadyan