MAHESH PATHAK, Vs. STATE OF UTTARAKHAND THROUGH SECRETARY OF HOME AFFAIRS AND SMT. VIMLA DEVI PATHAK, D/O SHRI AMBA DATT SATI

JUDGEMENT

(1.) BY means of the these petitions, moved Under Section 482 of Code of Criminal Procedure, 1973, petitioners have sought quashing of the proceedings of criminal complaint case No. 1139 of 2003, Smt. Vimla Devi Pathak v. Shri Mahesh Chandra Pathak and Ors., relating to offences punishable under Section 498A I.P.C and one punishable under section ¾ Dowry Prohibition Act 1961, pending the Court of Judicial Magistrate, Haldwani, and those of criminal case No. 486 of 2004, Smt. Vimla Pathak and Ors. petitioners v. Smt Janki Pathak and Anr. pending in said court.

(2.) HEARD learned Counsel for the parties and perused the papers on record.

(3.) SECTION 210 of Code of Criminal Procedure 1973 provides that when in a case instituted otherwise then on a police report it is made to appear to the Magistrate, during the course of inquiry or trial, that the investigation by the police is in progress, the Magistrate shall stay the proceedings of the trial of such complaint case. Section 210 further provides that after a report is made by an investigation officer under Section 173 to the Court against any of the accused in complaint case, the Magistrate shall try the case together treating the case instituted on police report. The same section further provides that after the police submits final report on which cognizance cannot be taken on the police report, the Magistrate shall proceed with the complaint case in accordance with the provisions of the code.