Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure read with Section 227 of the Constitution of India for quashing of the FIR No. 124 dated 23.07.2005 under Section 7 of the Essential Commodities Act read with Sections 420, 120 -B IPC registered at Police Station Bhiwanigarh, District Sangrur and for quashing the challan dated 08.01.2008.
(2.) THE matter was adjourned on the request of learned Counsel for the Petitioners on 23.12.2009. Thereafter, on similar request, the matter was adjourned for 06.01.2010, 23.02.2010, 10.03.2010, 30.04.2010, 17.09.2010, 08.11.2010, 17.01.2011 and again for 27.04.2011. The request for adjournment was once again accepted on 27.04.2011 and it was directed to be listed for hearing on the very next day i.e on 28.04.2011. Today, no one is present on behalf of the Petitioners either to make request or argue. The matter being of the year 2008, the same cannot be kept pending for no rhyme or reason. The present petition for quashing of the FIR No. 124 dated 23.07.2005 under Section 7 of the Essential Commodities Act read with Sections 420, 120 -B IPC registered at Police Station Bhiwanigarh, District Sangrur and for quashing the challan dated 08.01.2008 has been filed on the ground that the police without verifying the facts and without waiting the tanker to reach at Bhiwanigarh, registered the FIR. Thereafter, the Petitioner was found innocent and the police had prepared the final investigation report dated 13.01.2006 under Section 173 Code of Criminal Procedure for cancellation of FIR but subsequently as the Petitioners did not oblige the police, the police with mala fide intention, in order to teach the Petitioners a lesson, manufactured the challan dated 08.01.2008 after two years from the cancellation report.
(3.) SECONDLY , the police had found everything in order but still they went on to register the FIR. It is further contended that the police was not empowered to reinvestigate/further investigate the matter once it has opted to submit the cancellation report. Therefore, the filing of the challan after two years of having filed the cancellation report was misuse of process of law.;