P&H: Quashes Summoning Order After Finding Magistrate Ignored Cancellation Report

punjab-haryana
⚖️ Order Date: 24 Jul 2026
Headnotes

(i) Criminal Procedure Code, 1973, S.482 — Quashing of complaint and summoning order — Cancellation report in the earlier FIR was already on record — Magistrate ought to have considered cancellation report before summoning petitioners — Finding that complainant’s evidence remained unrebutted and unchallenged was completely baseless...

(ii) Criminal Procedure Code, 1973, S.482 — Summoning order — Once cancellation report is on record, Court must examine it before considering complaint and preliminary evidence — Non-consideration of cancellation report vitiates summoning order — Fresh summoning order directed only after due consideration of cancellation report....


Facts of the Case

P&H: Quashes Summoning Order After Finding Magistrate Ignored Cancellation Report

The Punjab and Haryana High Court has quashed a summoning order passed in a cheating and criminal intimidation complaint after finding that the Magistrate failed to consider an earlier cancellation report that was already on record.

The petition was filed by Gurpreet Kaur and another under Section 482 of the Criminal Procedure Code seeking quashing of a complaint filed by Khushwinder Singh. The complainant had alleged that he paid money to the petitioners to go abroad, but he was neither taken abroad nor refunded the amount.

The petitioners argued that an FIR on similar allegations had already been registered in...

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