- (1.) This petition has been filed by Sat Parkash Goyal under Section 482 Cr.P.C. against the order dated April 30, 2009 (annexure P-13) passed by Judicial Magistrate Ist Class, Ludhiana, recalling his earlier order dated March 24, 2009.
(2.) Vide order annexure P-8, the District and Sessions Judge had passed an order directing to lodge FIR against Balwinder Singh Bhandal pertaining to the loss of three passports but on the basis of said order, the Additional Civil Judge (Senior Division), Ludhiana, had asked the Court Ahlmad to lodge FIR against Balwinder Singh Bhandal and other defendants in the civil case in concerned Police Station of Ludhiana but on the basis of a report of SHO, Police Station, Division No.5, that the story regarding passports having been removed, is wrong and that the passports are still enclosed with the file of the civil case, the learned Sub Judge passed the following order on April 30, 2009:- Report of the concerned SHO alongwith opinion of D.A. (Legal) and other documents received. As per the said report, no offence is made out to lodge FIR against the accused as directed by this Court to its Ahlmad to lodge FIR as per law. In view of said report, application moved by S.P. Goel, for directing the SHO, P.S. Divn. No.5, Ludhiana to register case against accused as ordered by this Court to its Ahlmad has been ordered to be filed. Ahlmad is directed to keep the papers on record.
(3.) I have heard counsel for the petitioner who claims that the abovesaid order has been passed illegally and that Balwinder Singh Bhandal had removed the passports from the record as such FIR should be registered against him.;