SANDEEP MOHANTY Vs. SARSWATI KAR

JUDGEMENT

(1.) NONE appears for the petitioners in spite of repeated calls. Sri N. K. Mishra, learned counsel is present for Opp. party No. 1.

(2.) THE petitioners assail the order of cognizance dated 8.12.1997 and the order dated 9.11.1998 of the learned S.D.J.M., Baripada refusing to recall the said order.

(3.) SRI N. K. Mishra, learned counsel for the Opp. party No. 1 while submitting that there is absolutely no case for the petitioners, for which the order of cognizance need to be quashed, brought to the notice of the Court that in the earlier application filed by the petitioners to quash the order of cognizance, this Court did not find any reason to quash the order, but however, in view of the provision of Section 210, Cr.P.C. directed the complaint case to be stayed during the time when the police case is under investigation. Since the said case has already been finalised, there is no illegality in revival of the complaint case. It is further submitted that the final report in a G.R. Case investigated into by the police would not debar a party from filing the complaint petition. Sri Mishra has referred to a decision of this Court in Jagannath Das and Ors. v. State and Anr. wherein Hon'ble Justice G. B. Patnaik, as His Lordship then was held that when a complaint case is registered on the basis of a complaint made by the complainant and the Magistrate in course of enquiry or trial into the said complaint comes to know that an investigation by the police is in progress in relation to the self -same offence, then he shall stay the proceeding before him on the basis of the complaint and shall call for a report on the matter from the Police Officer conducting investigation. If he does not stay his hand as provided under Section 210(1), Cr.P.C. and proceeds with the complaint case, then the order taking cognizance or the order directing an enquiry under Section 202, Cr.P.C. cannot be said to be without jurisdiction. Where he stays his hand under Section 210(1), Cr.P.C. the proceeding itself is revived if the report submitted by the police does not relate to any accused in the complaint case or if no cognizance of any offence is taken on the basis of the report submitted by the police and the Magistrate would, therefore, proceed with the enquiry or trial which had been stayed by him under Section 210(1), Cr.P.C.