JUDGMENT :

Manisha Batra, J.

The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short 'BNSS') seeking quashing of FIR No.275 dated 30.10.2022 registered at Police Station Division 5, District Police Commissionerate Ludhiana under Sections 341, 342, 347 and 506 read with Section 34 of IPC, challan report filed under Section 173 of Cr.P.C. as well as the order dated 09.07.2024 passed by the Additional Chief Judicial Magistrate, Ludhiana, whereby the cancellation report submitted by the police had been rejected and the subsequent proceedings having emanated therefrom.

2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a statement recorded by respondent No.2-Vineet Goyal on 30.10.2022, alleging therein that he had purchased a Farm house at Sarabha Nagar, Ludhiana in the year 2018. The sale deed was registered in the name of his wife and himself. The present petitioner owned a plot adjoining to the property so purchased by his wife and himself. He had been pressurizing the respondent No.2 to purchase the same by asking for exaggarated sale consideration amount. In the morning of 06.10.2022, the respondent No.2 had gone to District Court, Ludhiana. At about 12:30 PM, when he came out of the Court premises and was passing through the backside gate of the Court, the petitioner along with two unknown persons intercepted him, forcibly made him sit in an Innova car and told him to give a sum of Rs.2 crores and otherwise threatened to take possession of the property of the respondent No.2. The respondent No.2 requested the petitioner and his companions to give him sometime to make discussion with his family members and then while extending threats to kidnap his children, the petitioner threw him outside his car at some distance. While alleging that the incident had been witnessed by his maternal uncle Ravi Goyal and that he was scared of visiting his own property, he prayed for taking action in the matter.

3. After registration of FIR, investigation proceedings were initiated. After conducting thorough investigation in the matter, a cancellation report had been prepared by the investigating agency which was presented before the Court of jurisdictional Magistrate/Additional Chief Judicial Magistrate, Ludhiana. He passed order dated 09.07.2024 and sent the matter back to the concerned SHO for conducting further investigation by observing that the complainant was not satisfied with the investigation conducted. After passing of the impugned order dated 09.07.2024, the respondent No.2 filed a representation before the police authorities making request to conduct inquiry on his previous representation. A report was then prepared by Additional Deputy Commissioner of Police (Operation) Ludhiana. The relevant part of this report reads as under:-

'Due to grudge between both the parties regarding plot, it would not be appropriate to decide at this stage that whether the incident was occurred or not. Therefore it would be appropriate to take decision by the Hon'ble court in this regard on the basis of evidences. Therefore after preparing report the same has been sent to the Hon'ble Commissioner of Police, Ludhiana to present challan of the case in Hon'ble court. After getting legal opinion of DA Legal, Ludhiana by the Hon'ble Commissioner of Police, Ludhiana and while agreeing with the said legal opinion, directed on 30.08.2024 to present challan of the case in the Hon'ble court. The verification of investigation of the case has been conducted and no verification of investigation of case is pending. As per the investigation conducted so far, evidence found on case file, statements of witnesses, after preparing challan under section 173 of Cr.PC against accused of the case namely Vishav Bhushan Sood, the same is being presented in the Hon'ble Court, the trial of the case be held and during trial, the witnesses placed in c