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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

251

CRM-M-65162-2023(O&M)

Date of decision: 12.05.2026

Akashdeep Garg and another ...Petitioner(s)

VERSUS

State of Punjab ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present :- Mr. Naresh Jain, Advocate for the petitioners.

Ms. Alisha Soni, AAG Punjab.

Mr. R.S. Randhawa, Senior Advocate assisted by

Mr. Karamyog Riar & Mr. Vinay Saroha, Advocates

for the complainant.

*****

VINOD S. BHARDWAJ, J. (Oral)

Challenge in the present petition is to the order dated

02.12.2023 passed by the Judicial Magistrate First Class, Patiala in case

bearing FIR No.133 dated 04.10.2021 registered under Sections 420, 406,

467, 468, 471 of the Indian Penal Code, 1860 at Sanour District Patiala,

whereby the cancellation report submitted by the Investigating Agency for

the third time has again been returned for further investigation.

2. Learned counsel appearing on behalf of the petitioners contends

that pursuant to the investigation conducted by the Agency, a cancellation

report was filed. However, the first time, when the cancellation report was

submitted, Judicial Magistrate First Class, Patiala passed the following

order:-

“Perusal of file shows that the present FIR no. 133 dated

04.10.2021 was registered under Sections 406,420,467,468,471

IPC against Dev Raj Garg and Akash Deep Garg.

Heard. From the perusal of the file reveals that the

SUMIT SINGH GUSAIN

2026.05.19 18:14

I attest to the accuracy and

integrity of this document

2

251 CRM-M-65162-2023(O&M)

present FIR was registered under Sections 406,420,467,468,471

IPC against Dev Raj Garg and Akash Deep Garg. Further it

reveal that out of the above said sections, these sections are i.e.

467,468,471 IPC are fall under the category of non

compoundable offences, therefore, the present cancellation

report is not accepted and same is return to the concerned

police station for further investigation. Ahlmad is directed to

separate the judicial papers and consigned the same in Judicial

Record Room, Patiala and its photocopy of placed in police file

and same be send back to quarter concerned immediately.”

3. Counsel for the petitioners submits that thereafter the

cancellation report was moved yet again, however, vide order dated

04.03.2023, Judicial Magistrate First Class, Patiala passed the following

order:-

“Perusal of file shows that the present FIR no.133 dated

4.10.2021 was registered under Sections 406,420,467,468,471

IPC against Dev Raj Garg and Akash Deep Garg.

Heard. From the perusal of the file reveals that the

present FIR was registered under Sections 406,420,467,468,471

IPC against Dev Raj Garg and Akash Deep Garg. Further it

reveal that out of the above said sections, these sections are i.e.

Sections 406,420,467,468,471 IPC are fall under the category

of non compoundable offences, therefore, the present

cancellation report is not accepted and same is return to the

concerned police station for further investigation. Ahlmad is

directed to separate the judicial papers and consigned the same

in Judicial Record Room, Patiala and its photocopy of placed in

police file and same be send back to quarter concerned

immediately.”

4. It is further contended that cancellation report was furnished yet

again for the third time. The Judicial Magistrate First Class, Patiala on

SUMIT SINGH GUSAIN

2026.05.19 18:14

I attest to the accuracy and

integrity of this document

3

251 CRM-M-65162-2023(O&M)

02.12.2023 passed following order:-

“Perusal of file shows that the present FIR no.133 dated

11.5.2023 was registered under Sections 406,420 IPC against

accused Dev Raj Garg and Akash Deep Garg.

Heard. From the perusal of the file reveals that the

present FIR was registered under Sections 406,420 IPC against

the Dev Raj Garg and Akash Deep Garg and the said sections

falls under the category of non compoundable offences,

therefore, the present cancellation report is not accepted and

same is return to the concerned police station for further

investigation. Ahlmad is directed to separate the judicial paper