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2026 Supreme(SC) 730

SANJAY KAROL, N. KOTISWAR SINGH
Neeraj Gupta – Appellant
Versus
Pardeep Kumar Bansal – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Amitabh Chaturvedi, Adv. Mr. Pankaj Gupta, Adv. Mr. Shubhaankar Ray, Adv. Ms. Rakhi Ray, AOR
For the Respondent(s): Mr. Sanjay Jain, AOR Mr. Shreekant Neelappa Terdal, AOR

JUDGMENT :

SANJAY KAROL, J.

1. Leave Granted.

2. This appeal assails the common judgment and order dated 2nd September 2019 passed in CRR-993-2011 (O&M) passed by the High Court of Punjab & Haryana, Chandigarh whereby the learned Single Judge of the High Court, remanded the matter in dispute to the Judicial Magistrate First Class, Chandigarh to comply with the provisions of Section 244 Code of Criminal Procedure, 19731[CrPC].

3. The facts triggering this appeal are:

3.1 On 12th April 2007, a verbal/physical altercation took place between the appellant-complainant and his father on one side, with the respondents on the other. His father in the course thereof fell down and lost consciousness. Upon being taken to the hospital, he was declared dead. At this point, no first information report was registered. On 16th April, the appellant gave a complaint to the Senior Superintendent of Police, Chandigarh seeking registration of FIR. A second complaint was made on 19th April 2007.

3.2 On 5th February 2008, he sought direction before the Judicial Magistrate First Class, Chandigarh under Section 156(3) CrPC which was accepted vide order dated 19th February 2008 and the process as under section 20

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