Raja Ram Dixit and Others vs State of U.P. and Another

R.K. Rastogi, J.—Heard the learned Counsel for the applicants and the learned A.G.A. for the State.

This is an application u/s 482, Cr. P.C. for quashing the Complaint Case No. 799 of 2005, Smt. Chandra Kala v. Sravan Dixit and Ors. pending in the Court of Judicial Magistrate, Saidpur, district Ghazipur.

It appears from perusal of the application u/s 156(3), Cr. P.C. that there was an alleged incident of marpit between the applicants and the complainant-Smt. Chandra Kala on 3.6.2005 at 7 p.m. at her house. She filed an application in respect of this incident u/s 156(3), Cr. P.C. on 7.6.2005. This application was rejected by the learned Magistrate vide his order dated 7.6.2005. Then she filed a complaint against the accused persons on 17.6.2005 in respect of that very incident and the Magistrate after taking cognizance and recording the statement of the complainant and her witnesses under Sections 200 and 202, Cr. P.C. summoned all the accused-applicants under Sections 147, 504, 506, 452, 323 and 379, I.P.C. vide his order dated 25.6.2005, passed in Criminal Complaint No. 799/2005, Smt. Chandra Kala Devi v. Sarvan Dixit and Ors. Thereafter she lodged a F.I.R. also in respect of this very incident at P.S. Khanpur on 13.7.2005 and the police after investigation has submitted a charge-sheet in the case on 29.7.2005 under Sections 147, 323, 504 and 506, I.P.C. and the Magistrate after taking cognizance has registered Criminal Case No. 1557/ 2005 against the accused. The accuse have already obtained bail in this case on 16.8.2007. Even then warrants have been issued against them in that complaint case on 31.7.2007. They have therefore challenged the summoning order dated 25.6.2005, passed in the complaint and the order for issuing warrant against them in the same complaint on 31.7.2007.

It is to be seen that u/s 210, Cr. P.C. it has been provided that if a police case as well as complaint case has been registered in respect of the same incident, the Magistrate shall stay the proceedings of the complaint case and shall wait for report from the police and if any charge-sheet is filed, then in that case the complaint as well as the State case both shall be consolidated and they shall be tried together as a State case. This provision is applicable to the facts of the present case also.

Since in the present case, the charge-sheet has already been filed by the police, I direct the Magistrate concerned to consolidate the, State v. Shravan Dixit and Ors. Criminal Case No. 1557 of 2005as well as the Complaint Case No. 799 of 2005, Smt. Chandra Kala v. Sravan Dixit and Ors. and try both these cases together. Since the accused-applicants have already been bailed out in the State case there is no necessity for the accused persons for furnishing fresh bail bonds in the complaint case and as such the order of the Magistrate dated 31.7.2007 issuing warrants against the applicants is recalled. However, the accused shall appear before the Magistrate on the date fixed, and if they do not appear, the Magistrate shall be at liberty to take steps for procuring their attendance.

With these observations the application u/s 482, Cr. P.C. is finally disposed of.