To decide on FIR cancellation, notice must to complainant only: Punjab and Haryana HC

Punjab and Haryana high court has said that before accepting an FIR cancellation report from police, it is only the complainant who is to be mandatorily informed for further adjudication by a trial court

The Punjab and Haryana high court has said that before accepting an FIR cancellation report from the police, it is only the complainant who is to be mandatorily informed for further adjudication by a trial court.

The Punjab and Haryana high court said the Supreme Court has only made it mandatory for notice to be issued to the first informant of a criminal case. In the case in hand, the FIR was registered in 2009 against the petitioner, a Patiala resident, owing to a property dispute between the parties. (Getty Images/iStockphoto/ Representational image)

The high court bench of justice JS Bedi said the Supreme Court has only made it mandatory for notice to be issued to the first informant of a criminal case. The magistrate could, if he chose to issue notice to any particular relative as well. If he wants to make his submissions in regard to the report, the magistrate is bound to hear him. But the magistrate is not bound to give notice to any relative of the deceased complainant. He may, in the exercise of his discretion, give such notice to any particular relative of the deceased, but not giving of such notice will not have any invalidating effect on the order which may be made by the magistrate on a consideration of the report, the court added.

In the case in hand, the FIR was registered in 2009 against the petitioner, a Patiala resident, owing to a property dispute between the parties. The police concluded that the complaint was false and filed a cancellation report before the trial court. However, as the complainant party protested, the trial court sent back the matter for further investigation in 2010. However, in between, the complainant died. The police in October 2018, filed a cancellation report again.

The petitioner had argued that the legal heirs of the complainant are not appearing before the court despite warrants being issued to them. No notice was required to be given to the legal heirs since they are not the first informants, it was argued adding that the relatives had a limited role in opposing the cancellation report especially when they choose not to appear despite notice.

The court disposed of the petition with a direction to the trial court to adjudicate upon the cancellation report within a period of six weeks after giving the legal representatives of the deceased complainant one final opportunity to appear and oppose the cancellation report, if they so desire. The relatives of the complainant are neither the first informants nor the witnesses, therefore, despite notice, if they chose to stay away from the proceedings, despite they being called upon to oppose the cancellation report, then it’s apparent that they want to delay the adjudication upon the cancellation report pertaining to an FIR of 2009, the court further added.