VINOD DIXIT Vs. SATISH MISHRA

JUDGEMENT

(1.) HEARD. PETITIONER-COMPLAINANT filed this petition under Section 482,cr. P. C. challenging the order dated 7. 7. 08 passed by the Special Judge (Dakaiti), Bhind, in private complaint by which the learned Sessions Judge stayed the private complaint on the ground that in respect of the same offence Crime No-43/08 is pending prior to the date of filing of the complaint and directed to submit the report under Section 173, Cr. P. C.

(2.) THE undisputed fact in this case is that on 2. 4. 0 8 at about 9. 3 0 p. m. , the wife of the petitioner was murdered. The petitioner on the same day, i. e. , 2. 4. 08, lodged a report at Police Station Lahar. The report was lodged on the same night at 12. 45 a. m. which was registered vide crime No-43/08 on 3. 4. 08 (Annexure P/2)against the respondents no. 1 and two other unidentified persons.

(3.) THE petitioner on 7. 7. 08 filed a private complaint under Sections 302 and 394 of IPC read with Sections 11/13 of the MPDVPK Adhimyam, 1981. In para 4 of the private complaint it is averred that the accused are related with the resourceful person and therefore no action has been taken against them. Trial court by the impugned order stayed the proceedings of the private complaint in exercise of the power conferred under Section 210 of Cr. P. C. As per Section 210 of Cr. P. C. where a private complaint is filed and the Magistrate receives information that the Police is also investigating the same case, he shall stay the proceedings before him (whether it is at the stage of enquiry or trial) and call for a report of the Police Officer. He may then deal with the private complaint and the case which arises out of the Police report together.