Dev Narayan Bhagat vs State and Another

R.S. Garg, J.—Heard learned Counsel for the Petitioner.

It appears that on report of the present Petitioner, Dev Narayan Bhagat, an offence punishable u/s 302 read with Section 201/34 IPC was registered against the father-in-law and brother-in-law of the deceased and the matter was taken up for investigation. After sometime on 26.8.94, complaint case No. 801/94 was filed by the wife of the deceased, inter alia, making allegations against the brothers and other relations of the deceased. The learned C.J.M. without awaiting the police report in the matter, proceeded further in the matter and took cognizance.

Being aggrieved by the said order, the first informant of the police case, now accused in complaint case, has come to this Court taking shelter u/s 210 Code of Criminal Procedure, submitting that when the police investigation was going on in relation to the Said offence the Magistrate could not take cognizance in the matter.

In the opinion of this Court, the argument is contrary to the provisions as contained u/s 2(1) read with Section 210 Code of Criminal Procedure. Section 2 defines the word offence saying that an act or omission made punishable under law would be an offence. Undisputedly, the police is making investigation on the report made by the present Petitioner. On the report of the present Petitioner, no investigation can be made into the allegations which have been made by the complainant against the present Petitioner. If the scheme of Section 210 is seen in its true perspective, it would clearly appear that in a case where the police investigation is going on in relation to some offence and private complaint is also filed in relation to the same offence (the offence cannot be misunderstood with the word incident) then the Court may refer the complaint or may await the report of the prosecution. If the report comes out to be positive against the named accused in complaint, then the complaint shall stand merged and would be tried together with the police case and in case the police report does not say anything against some of the accused named in the complaint then the Court shall proceed with the complaint. In the present case the incident is one but the offences are different, the accused persons are different and each will have to see the book of the rule for the acts or omission committed by him.

I find no reason to interfere in the matter. The petition is dismissed.