CRM-M-12067-2018 1 In the High Court of Punjab and Haryana at Chandigarh 263 CRM-M-12067-2018 Date of Decision: 08.07.2026 KAMLESH RANI ....PETITIONER VERSUS PREM LATA AND ANR ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Surinder Garg, Advocate the petitioner. None for respondent No.1. Mr. K.D. Sachdeva, DAG, Punjab. **** H.S. GREWAL, J. (ORAL) 1. The present petition has been filed Section 482 Cr.P.C. for setting aside the Order dated 09.02.2018 (P-9) passed by Ld. SDJM, Gidderbaha in complaint No. Comi/52/2017 titled 'Kamlesh Rani Vs. Prem Lata & Anr.' under Sections 420, 467, 468, 471, 34 & 120-B IPC, pending in the Court of Ld. SDJM, Gidderbaha (P-7) vide which the prayer of the petitioner to send the complaint under Section 156 (3) Cr.P.C. to the Police Station Gidderbaha has been declined. It is further prayed that the Ld. SDJM be directed to send the complaint to Police Station Gidderbaha under Section 156 (3) Cr.P.C. as the police had already submitted its report dated 29.11.2017 (P-8) vide which the respondents No. 1 & 2 have been found to be guilty of the offences. RENU RAWAT 2026.07.14 17.27 I attest to the accuracy and integrity of this document Chandigarh CRM-M-12067-2018 2 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 09.02.2018 passed by the learned Sub Divisional Judicial Magistrate, Gidderbaha. He contends that the petitioner had moved an application under Section 156(3) Cr.P.C. seeking directions to the police for registration of an FIR. However, instead of directing registration of the case, the learned Magistrate ordered that the application be treated as complaint and fixed the matter for recording of preliminary evidence. 3. It is further submitted that the learned Magistrate had sought a report from the police under Section 202 Cr.P.C. from the police and on the basis of the same, a report dated 29.11.2017 was submitted by the police implicating that the respondent has committed the fraud. Despite the said report being available on record, the learned Magistrate failed to consider the same while passing the impugned order. It is argued that the impugned order is a non-speaking order and has been passed without considering the police report or the material available on record. 4. None has put in appearance on behalf of respondent No.1. 5. I have heard the submissions made by ld. counsel for the petitioner and perused the record. 6. A perusal of the impugned order shows that although a report under Section 202 Cr.P.C. had been called for and the same was available on record, yet there is no discussion or consideration thereof in the impugned order. The order is completely silent regarding the report submitted by the police and does not disclose any reason for disagreeing with the said report. Thus the order passed by the ld. trial Court is non-speaking and without RENU RAWAT 2026.07.14 17.27 I attest to the accuracy and integrity of this document Chandigarh CRM-M-12067-2018 3 applying the judicial mind therefore the same cannot be sustainable in the eye of law. 7. Consequently, the present petition is allowed. The impugned order dated 09.02.2018 passed by Sub Divisional Judicial Magistrate, Gidderbaha is hereby set aside. The matter is remanded to the learned Sub Divisional Judicial Magistrate, Gidderbaha, to reconsider the petitioner's application under Section 156(3) Cr.P.C., after taking into consideration the police report dated 29.11.2017 as well as the entire material available on record, and thereafter pass a fresh, reasoned and speaking order in accordance with law. 8. However, it is made clear that anything stated hereinabove shall not be construed as an expression of opinion on the merits of the case and the trial Court shall decide the case on the basis of material available before it. (H.S.GREWAL) 08.07.2026 JUDGE renu Whether speaking/ reasoned : Yes/No Whether Reportable : Yes/No RENU RAWAT 2026.07.14 17.27 I attest to the accuracy and integrity of this document Chandigarh