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PANKAJ JAIN
Amar Singh – Appellant
Versus
Balbir Singh – Respondent
JUDGMENT
Pankaj Jain, J. (Oral) - By way of present petition under Section 482 Cr.P.C., petitioners pray for quashing of complaint case No.01RT/15 dated 15.06.2013 under Sections 447, 448, 511, 452, 356, 506, 148 and 149 IPC & Section 25 of Arms Act, Tehsil Rajpura, District Patiala filed by the respondent (Annexure P-1) and the summoning order dated 14.06.2016 (Annexure P-2), whereby the petitioners have been summoned to face complaint case.
2. Counsel for the petitioners submits that w.r.t. the same incident, an FIR was lodged at the behest of respondent against the petitioners. The same culminated in a cancellation report filed before the trial Court dated 18.07.2011 (Annexure P-3). The said cancellation report was accepted vide order dated 29.01.2014 (Annexure P-4). The operative part of which reads as under:-
'In such circumstances, the complainant can file a complaint, if so advised. The conduct of the accused persons having been investigated twice over, no further investigation could have been ordered in the facts and circumstances of the case. Accordingly, the request of the prosecution of cancellation of a FIR is hereby accepted. The complainant would be at liberty to file a
The trial court should consider a cancellation report filed on an earlier FIR before summoning the accused based on the same facts.
The mandatory provision of Section 210 CrPC requires the Magistrate to consider cancellation reports before proceeding with a complaint case, and failure to do so vitiates the proceedings.
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