Pawan Kumar vs State of Haryana

K.K. Srivastava, J.

Heard learned counsel of the petitioners, learned counsel for respondent No. 2 and also Mr. Lamba, AAG for the State of Haryana.

Respondent No. 2, Anjana Bhatia filed a criminal complaint case under Sections 406/498A/120B IPC pending in the Court of Judicial Magistrate, Ist Class Patiala copy Annexure P7. Ld. JMIC, Patiala summoned the petitioners as accused in the complaint case aforesaid vide order dated 12.11.97 copy Annexure P8. She had also lodged FIR on the same allegation as against the petitioners being FIR No. 122 dated 26.4.1997, under Sections 498A, 506 IPC, Police Station Mullana, District Ambala. The police investigated the case and filed challan under Sections 498A/406/506 IPC, against the petitioners except petitioners 6 and 7, namely Smt. Sudesh Rani and Krishna Rani in the Court of JMIC Ambala, vide copy Annexure P3. Ld. JMIC, Ambala framed charges against petitioners 1 to 5 for the offences punishable under Sections 406, 498A 506 IPC, vide copy Annexure P6 and the said case was pending trial.

The petitioners seek quashing of the impugned complaint, order of summoning and proceedings pending before the Court at Patiala on the ground that the petitioners are being prosecuted for the same allegations and offence in two Courts, one in a police challan case and the second in a criminal complaint case.

Notice was issued to the respondent No. 1 who was impleaded as a proforma party. Respondent No. 2 put in appearance through Mr. M.S. Cheema, Advocate.

I have heard Mr. Gill, learned counsel for the petitioner and Mr. Cheema Ld. Advocate for respondent No. 2. Section 210 Cr.P.C. provides the Procedure to be followed when there is a complaint case and police investigation in respect of the same offence, which reads as under :

"210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

(2) If a report is made by the investigating police officer under Section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this code."

It appears from the perusal of Sub Section 2 of Section 210 Cr.P.C that the criminal complaint case and the police challan case are to be clubbed together and the criminal complaint case is to be treated as having been instituted on a police report. However, the difficulty at present in the case seems to be the two different states in which the two cases are pending. The criminal complaint case is pending in the Court of Patiala in the State of Punjab while the police challan case is pending in the Court of Ambala in the State of Haryana.

Having considered the facts and circumstances of the case, I deem it appropriate to direct the transfer of the criminal complaint case from the Court of JMIC, Patiala to the Court of learned Magistrate, at Ambala dealing with the aforesaid police challan case and with a direction to deal with the cases in accordance with the provisions contained under Section 210(2) Cr.P.C. JUDGMENTed accordingly and disposed.