REHANA S KADRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") has been preferred by the applicant herein original complainant to quash and set aside the impugned order dated 23.07.2010 passed by the learned Judicial Magistrate, First Class, Surat below Exh.1 in the Criminal Inquiry Case No.4/2010 by which the learned JMFC has stayed the further proceedings of the said Criminal Inquiry Case No.4/2010 in exercise of powers under Section 210(1) of the CrPC, till any report is submitted by the concerned police officer of Varachha Police Station on the complaint made by the applicant dated 18.11.2009.

(2.) Facts leading to filing of the present application in nut-shell are as under:

(3.) Shri A.B. Pandya, learned advocate has appeared on behalf of the applicant. It is vehemently submitted by Shri Pandya, learned advocate appearing on behalf of the applicant that the order passed by the learned Magistrate to stay further proceedings of Criminal Inquiry Case No.4/2010 passed in exercise of powers under section 210(1) of the CrPC is absolutely illegal and contrary to the provisions and scheme of the CrPC. It is submitted that the learned Magistrate has materially erred in staying further proceedings of inquiry case pending before him, in exercise of powers under Section 210 of the CrPC as "no investigation" pursuant to which any FIR was pending before the Varachha Police Station. It is submitted that merely because some inquiry was pending before the Varachha Police Station, on the complaint made by the applicant, without registering the complaint of the applicant as FIR under Section 154 of the CrPC, the learned Magistrate is not justified in staying further proceedings before him in exercise of powers under Section 210 of the CrPC. It is submitted that only in a case instituted otherwise than on a police report (complaint case), it is made to appear to the Magistrate during the course of inquiry or trial held by him, that "investigation" by the police is in progress in relation to the offence which is the subject matter of inquiry or trial held by him then and then only 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. It is submitted that investigation by the concerned police officer can be only after registering the complaint as FIR under Section 154 of the CrPC. Therefore, it is submitted that section 210 of the CrPC would not be applicable in a case where some inquiry, may be a preliminary inquiry, is being held / conducted by the concerned police officer with respect to the complaint which is not registered as FIR, as such an inquiry cannot be said to be an "investigation". It is submitted that in the present case, the complaint given by the applicant dated 18.11.2009 submitted before the Varachha Police Station is as such not registered as FIR and some inquiry is being held by the concerned police officer of the Varachha Police Station on the said complaint which cannot be said to "investigation" carried out by him and therefore, the learned Magistrate has materially erred in staying further proceedings of the Criminal Inquiry Case No.4/2010 in exercise of powers under Section 210 of the CrPC.