S. No.127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CRM-M-60731 of 2025 Date of Decision:31.10.2025 Avtar Singh and another .....Petitioners Vs.

State of Punjab and another .....Respondents CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. Baljinder Singh, Advocate for the petitioners.

Mr. Rahul Jindal, AAG, Punjab.

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Yashvir Singh Rathor, J. (Oral)

1. By way of present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973) petitioners are seeking quashing of FIR No.219 dated 15.12.2012 registered under Sections 295-A, 297 and 506 IPC at Police Station Kurali, District SAS Nagar (Mohali) and all consequential proceedings arising therefrom on the ground that no offence is made out against the petitioners as the said FIR is false and an abuse of the process of law. The Investigating Agency has found that no offence is made out and filed a cancellation report dated 17.02.2013 around 12 years ago, but the said cancellation report has been returned on procedural grounds and FIR continues to remain pending for more than 13 years without any challan having been presented or trial commenced thereby causing unwarranted harassment and grave prejudice to the petitioners, who have already been exonerated by the Investigating Agency.

2. Learned counsel for the petitioners contended that police after conducting investigation has furnished cancellation report but learned trial Magistrate without application of mind has returned the cancellation report and has passed the following order:-

“Notice issued to legal representatives of complainant not received back.

However, perusal of the present file shows that FIR No.219 dated 25.12.2012 in the present case was registered under Section 295-A, 297, 506 of IPC at Police Station Kurali. A cancellation report has been presented by Investigating Agency.

Perusal of the cancellation report shows that in this case Investigating Agency has not obtained any sanction from concerned government/ authority before registration of the FIR against the accused persons.

In view of Section 196 of Cr.P.C this court is not empowered to take cognizance in the offence under Section 295-A of IPC without required sanction from the competent/ concerned government. Therefore, the present cancellation report is rejected and sent back to the Investigating Agency.

Concerned Ahlmad of this Court is directed to send back the cancellation report through Naib Court of this Court against proper receipt after separating the judicial papers from file by placing on record the photocopies of the cancellation report along with the documents attached with file and consigned the file to the Record Room, after due compliance.

Date of Order: 20.07.2024 Judicial Magistrate Ist Class UID No.PB00434”

3. Learned counsel further contended that learned Magistrate has gravely erred in returning the cancellation report by observing that the Court of the Magistrate is not empowered to take cognizance of the offence under Section 295A IPC in the absence of sanction from the competent Central or State Government Counsel in view of Section 196 Cr.P.C and cancellation report has been rejected and sent back to the Investigating Agency. Learned counsel contended that the Police had presented cancellation report after registration of FIR. No sanction was required before registration of FIR and once cancellation report has been submitted, the question of taking cognizance does not arise and the trial Magistrate is required to decide whether cancellation report is to be accepted or not. The provisions of Section 196 Cr.P.C shall become applicable only if the Court forms an opinion and rejects the cancellation report in order to take cognizance and learned counsel prayed that the impugned order be set aside and learned trial Magistrate be directed to decide the cancellation report on merits. 4. Before proceeding further, relevant portion of Se