Criminal Misc. No.M-10381 of 2009 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-10381 of 2009
Date of decision : 28.11.2009
Urmila Kumari Petitioner
Versus
State of Haryana and others ...Respondents
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: None for the petitioner.
Mr. S.S.Pattar, Senior Deputy Advocate General,Haryana
Mr. Vikram Punia, Advocate for respondents No.4 & 5.
S. D. ANAND, J.
Reply filed on behalf of respondent no.5 in Court today is
taken on record.
The facts are as under:-
In case FIR No.98 dated 21.3.2006 under Sections 192, 195,
205, 420, 120-C IPC, Police Station City, Sonepat, the police of the Police
Station City, Sonepat forwarded the case to the then Chief Judicial
Magistrate, Sonepat for cancellation. The petitioner herein filed a protest
petition. On 1.3.2008, the learned Chief Judicial Magistrate proceeded to
dismiss the protest petition for want of prosecution and accept the
cancellation report. No opportunity of hearing was afforded to the
petitioner herein in the context of the police plea for cancellation.
The then learned Sessions Judge, Sonepat took cognizance
of the matter and treated a complaint filed by the petitioner on the
administrative side as revision petition vide order dated 14.5.2008. The
impugned order was set aside by the learned Sessions Judge, Sonepat,
who directed that the matter be forwarded to the learned Court for disposal
afresh after hearing the petitioner herein who was notified to appear before
that Court on 1.8.2008. In the course of that very order, the learned
Criminal Misc. No.M-10381 of 2009 -2-
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Sessions Judge withdrew that case from the Court of learned Chief Judicial
Magistrate, Sonepat and transferred it to the Court of a local Judicial
Magistrate for disposal in accordance with law. The learned Magistrate,
thereafter, directed the Sonepat police to reinvestigate the case.
The petitioner herein filed a plea for transfer of two cases FIR
No.98 dated 21.3.2006 under Sections 192, 195, 205, 420, 120-C IPC,
Police Station City, Sonepat and Criminal Case No.95 of 2008 to outside
the jurisdiction of Sessions Division, Sonepat, and preferably to Sessions
Division, Karnal.
None has turned up today to make a presentation on behalf of
the petitioner.
Learned counsel for the respondents concedes that the then
learned Presiding Officer of the Court of Chief Judicial Magistrate, Sonepat
and also the Presiding Officer of the Court, to which the case was
transferred, have since been transferred out of Sonepat.
In that view of things, no further orders qua that facet are
required.
The petition shall stand dismissed for want of prosecution.
November 28, 2009 (S. D. ANAND) Pka JUDGE