ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment and order dated 02.12.2015 passed by the High Court of Punjab and Haryana at Chandigarh in CRR No. 1364 of 2015 (O&M) whereby the High Court upheld the order passed by the Judicial Magistrate First Class, Patiala dated 10.08.2011 holding that there was no ground to summon the accused persons and thus dismissed the criminal complaint filed by the appellant on that count. 4. On perusal of the judgment and order passed by the Magistrate dated 10.08.2011, we find force in the submission made by the counsel for the appellant that the primary grievance of the appellant that the Investigating Officer had failed to examine all the witnesses referred to by the appellant in the list of witnesses submitted to the Magistrate on 12.04.2010, has not been considered by the Magistrate at all. It is seen from the record that, pursuant to the application moved by the appellant dated 12.04.2010 (Annexure P-20), an order was passed by the Magistrate on 07.06.2010, inter alia, directing the Investigating Officer to record statements of the witnesses alongwith complete address or documents relied upon by the complainant and conduct proper investigation in that regard. Having so directed, the Magistrate ought to have insisted for the reasons from the Investigating Officer, for non examination of all the named witnesses. If no explanation is forthcoming, the Magistrate ought to pass appropriate directions, as may be required in the circumstances. However, the impugned order passed by the Magistrate has failed to even refer to this aspect at all. 5. In the circumstances, we set aside the judgment of the High Court under appeal as well as the order passed by the Magistrate on 10.08.2011 and relegate the complaint before the Magistrate for fresh consideration from the stage of the report submitted by the Investigating Officer dated 05.01.2011; and with a liberty to the complainant to file a fresh application for issuing appropriate directions to the Investigating Officer. The Magistrate shall then consider the application on its own merits in accordance with law. Besides, the other aspects that may emerge from the further police report, to be submitted by the Investigating Officer may also be examined on its own merits as per law. All questions in that regard are left open. The Magistrate shall then consider the application on its own merits in accordance with law. Besides, the other aspects that may emerge from the further police report, to be submitted by the Investigating Officer may also be examined on its own merits as per law. All questions in that regard are left open. We also make it clear that the Magistrate shall consider the matter uninfluenced by any observations made by the High Court in the impugned judgment or its own order dated 10.08.2011. 6. The Magistrate may conclude the inquiry preferably within six months from today. 7. The Criminal Appeal is disposed of in the above terms. Pending applications, if any, stand disposed of.