RAJA RAM DIXIT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned Counsel for the applicants and the learned A.G.A. for the State.

(2.) THIS is an application under sec ­tion 482 Cr.P.C. for quashing the complaint case No. 799 of 2005, Smt. Chandra Kala v. Sravan Dixit and others pending in the Court of Judicial Magistrate, Saidpur District Ghazipur.

(3.) IT is to be seen that under section 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 inci ­dent, the Magistrate shall stay the proceed ­ings 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 provi ­sion is applicable to the facts of the present case also.