Court cannot reject cancellation report merely on ground that complainant is not satisfied with investigation: Punjab & Haryana HC

Read Order: Nitesh Bhardwaj v. State of Punjab and another 

Tulip Kanth

Chandigarh, October 29, 2021: The Punjab and Haryana High Court has observed that the cancellation report can be rejected by the Court by giving reasons and by doing so, the Court can refer the matter for further investigation also. 

The Bench of Justice Raj Mohan Singh opined that the Court can take cognizance of its own as well, but the Court cannot reject the cancellation report merely on the ground that the complainant is not satisfied with the investigation.

Herein, the petitioner had assailed the order passed by Judicial Magistrate Ist Class, Batala in case pertaining to an FIR registered under Sections 302 and 120-B IPC at Police Station Civil Lines, Batala, by which the Trial Court has rejected the cancellation report submitted by the Investigating Officer and remitted the matter for further investigation.

It was argued from the petitioner’s side that earlier the second respondent had filed Criminal Petition in the High Court for registration of FIR against the petitioner in the context of murder of their mother. Petitioner and second respondent are real brothers.

This Court by an earlier Order, accepted the said petition and directed for registration of case and it was observed that the police officer cannot embark upon any elaborate inquiry to ascertain genuineness or reasonableness of the information and cannot refuse registration of criminal case.

Petitioner’s counsel mainly contended that the order had been passed primarily on the basis of dis-agreement shown by the complainant.

The Bench noted that perusal of the impugned order showed that only consideration that had been made by the trial Court was the dissatisfaction of the complainant party. Dis-satisfaction of the complainant party qua the cancellation report is a normal instinct and that criteria alone cannot be formed basis for ordering further investigation.

The Bench was also of the opinion that  the Court while dealing with the cancellation report has to record its own satisfaction while accepting or rejecting the cancellation report.Magistrate while accepting or rejecting the cancellation report cannot compel the investigating agency to change its opinion or to form a particular opinion or to submit the chargesheet, but certainly the Court can give reasons for directing the police to undertake further investigation.

While rejecting the cancellation report, the Magistrate is duty bound to record its own satisfaction instead of accepting mere dis-agreement of the complainant. It is not the satisfaction of the complainant which would ultimately matter, but it is the satisfaction of the Court which would be relevant factor for acceptance or rejection of the cancellation report, added the Bench.

Thus, the Court held that it would be just and appropriate to direct Judicial Magistrate Ist Class, Batala to revisit the issue and pass appropriate order in accordance with law. Impugned order was set aside on this sole ground of not recording satisfaction by the Trial Court while passing the impugned order and the petition was accordingly allowed.