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Judgment
9 paragraphs · 269 wordsNirmaljit Kaur, J.
Criminal Misc. No. 1504 of 2011
Allowed as prayed for.
Reply and Annexure R-2/1 are taken on record.
Criminal Misc. No. 18247-M OF 2010 (O and M)
This is a petition u/s 482 Code of Criminal Procedure for quashing/setting aside the Complaint No. 266/1/07 dated 1.09.2007, under Sections 279/304-A of the Indian Penal Code(Annexure P-1) and also the Summoning Order dated 28.02.2009, vide which, the above said Petitioner has been summoned u/s 304-A of the Indian Penal Code(Annexure P-2) and all the subsequent proceedings arising therefrom.
It is not disputed that the provisions of amended Sections 201 and 210 of the Code of Criminal Procedure have not been complied with.
It is further apparent from Annexure P-4 that an FIR was lodged with respect to the same dispute by the same complainant. The cancellation repot was submitted, subsequently, reinvestigation was ordered. It is not on record as to whether the final report in pursuance to the reinvestigation has been submitted by the prosecution or not. However, it is evident that the Magistrate has not taken into consideration the said report, if any. As such, Section 210 of Cr.P.C has also not been complied with.
In view of the above, impugned order dated 28.02.2009 is set aside with the further direction to the trial court to proceed further after complying with the amended provisions of Sections 201 and 210 of Code of Criminal Procedure However, taking into account the fact that the FIR pertains to the year 2008, the trial court is directed to decide the case as expeditiously as possible.