PADMALOCHAN SAHU Vs. LOKANATH SETHI

JUDGEMENT

(1.) THE petitioner is the complainant in I.C.C. Case No. 173/79 pending in the Court of the Sub -divisional Judicial Magistrate, Bhubaneswar. The complaint in the case was filed by the petitioner on 24.10.1979. On that date after examining the complainant the Magistrate stayed the proceeding under Section 210 Criminal Procedure Code till the completion of the investigation. The complainant appeared in court on 9 subsequent dates but the court on each date merely fixed another date for putting up the case records on its observation that the investigation was not complete or that the report in the Final Form in the police case, which was under investigation, had not been received by it. The complainant on later dates filed petitions to direct an enquiry under Section 202 Criminal Procedure Code on the complaint filed by him, but the court did not proceed with the complaint case on the ground that investigation of the aforesaid police case was proceeding and report in the Final Form had not been received by it. As the complaint case is still lying dormant on the above ground, the complainant has filed this revision.

(2.) THE L.C.R. which was sent on 22.4.1980 to this Court shows that neither the report required to be filed in the court under Section 210 Criminal Procedure Code nor the charge sheet or the Final Report in the case had been filed in the court till that date. Mr. Rath, the learned Addl. Standing Counsel for the State, now states that the charge -sheet in Balianta P.S. Case No. 143/79 relating to the same incident which is the subject matter of the complaint petition has already been prepared and will be filed shortly in the court.

(3.) HOWEVER , the charge -sheet in the case has already been prepared and would be filed in the court within a short time, as is stated by Mr. Rath. If the charge -sheet is filed within a short time, the court shall examine the same in the context of the complaint petition filed before it and shall pass suitable orders in accordance with law in the complaint case without any further staying the case under the provisions of Section 210 Criminal Procedure Code