ABHI Vs. ARJUNA CHARAN SUTAR

JUDGEMENT

(1.) Main challenge of petitioners in the application is that statutory requirements of Sec. 210(1) of Code of Criminal Procedure, 1973 (in short Code) were not complied with.

(2.) Case of the petitioners in short is as follows: A complaint petition was filed by Arjuna Charan Sutar present opp. party No.1 before learned Sub- Divisional Judicial Magistrate, Anandpur (in short TSDJM) and the same was registered at ICC No.127 of 1990. By order dated 27-9-199 1 cognizance was taken of offence Punishable under Sec. 395 of Indian Penal Code, 1860 (in short, IPC). Learned Magistrate directed issue of N.B.Ws., against present petitioners. In the complaint petition, it was mentioned that information was lodged at Ghasipura Police Station on 5.7.90 and matter was under investigation. But as no effective steps were taken against accused persons (present petitioners), Arjun (Opp. Party No.1) filed the complaint

(3.) Mr. S.K. Sahoo, learned Counsel for petitioners has urged with reference to Sec. 210 of Code that when in a case instituted otherwise than on a police report, (hereinafter referred to as complaint case) it is made to appear to the Magistrate, during the course of enquiry or trial held by him, that an investigation by Police is in progress in relation to the offence which is subject- matter of enquiry or trial held him, the Magistrate shall stay the proceedings of such enquiry of trial and call for a report. On the matter from the Police Officer conducting the investigation. With reference to the complaint petition filed in the case it is submitted that complainant has himself stated about lodging of information with police, and consequential investigation as undertaken. In statement recorded by learned Magistrate, same was also reiterated. Therefore, mandatory requirements to stay to proceeding and call for a report have not been complied with Mr. D. Nayak, learned Counsel for opposite party submitted that no case was registered and no investigation was undertaken, so as to attract application of Sec. 210 of the Code.