CHANDRAPAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the applicants and the learned Additional Government Advocate.

(2.) THIS application has been filed for quashing the summoning order dated 7.11.2007 and further proceedings in Complaint Case No. 1846 of 2007, Kacherv. Chandra Pal and others, under Sections 323, 504, 506, 354, IPC and 3 (1) (x) S.C./S.T. Act, Police Station Hasayan, district Hathras, pending in the Court of Chief Judicial Magistrate, Hathras.

(3.) IT is argued that for the same cause of action an F.I.R. and a complaint both ought not to have been lodged. Under Section 210 of the Code of Criminal Procedure, full powers have been given to any party to inform the Court con cerned before whom the complaint case is pending that an investigation is pend ing or charge-sheet has been submitted in respect of the same incident. In that event, the Magistrate concerned shall try both the complaint case and the case instituted on a police report, as if both the cases were instituted on a police report. IT will be open to the applicants to bring this information to the notice of the Court of the Chief Judicial Magistrate, Hathras, where complaint case No. 1486 of 2007 is pending and if he finds that both the F.I.R. and complaint relate to the same subject matter, he may try both together in accordance with Section 210 of the Code of Criminal Procedure. I, therefore, find no ground for quashing the complaint case or for staying the proceedings therein.