Magistrate can issue notice to kin after cancellation report: High Court

Chandigarh, February 21

In a significant judgment on the powers of a court to issue notice after the submission of a cancellation report by the police in a criminal matter, the Punjab and Haryana High Court has made it clear that a magistrate — if he chose — could issue a notice to “any particular relative” as well.

The assertion by Justice Jasjit Singh Bedi of the High Court came in a matter where the complainant in a criminal case, registered nearly 13 years ago, passed away during the pendency of further investigation. He had initially opposed the cancellation report filed by the police. The trial court after his death issued a notice to his legal heirs. But they were not appearing before the court despite the issuance of warrants, the Bench was told. The counsel for petitioners-accused submitted that a notice was not required to be given to the legal heirs since they were not the first informants.

Referring to a judgment in the case of “Bhagwant Singh versus Commissioner of Police”, Justice Bedi asserted the Supreme Court had only made it mandatory for a notice to be issued to the first informant, though the magistrate could, if he chose, issue the notice to any particular relative as well. Justice Bedi asserted the respondents-legal heirs were neither the first informants, nor the injured witnesses. If they chose to stay away from the proceedings despite being called upon to oppose the cancellation report, it was apparent that they wanted to delay the adjudication upon the cancellation report pertaining to the FIR registered in 2009.

“The present petition is disposed of with directions to the Illaqa Magistrate, Patiala, to adjudicate upon the cancellation report within six weeks from receiving the order’s copy after giving the legal representatives of the deceased-complainant a final opportunity to appear and oppose the cancellation report if they so desire,” Justice Bedi concluded. —