VARUN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 199 dated 29.11.2010, registered at Police Station Sunam, under Sections 269, 272, 273, 420 IPC and the order framing charge under Sections 272, 273, 420 IPC by the court of JMIC, Sunam. Learned Counsel for the petitioner contends that a complaint under Sections 7 and 16 of the Prevention of Food Adulteration Act on the same set of allegations has been filed against the petitioner which is pending in the court of Chief Judicial Magistrate, Sangrur and the same has been annexed as Annexure P8 with the instant petition. Learned Counsel for the petitioner contends that the allegations in the complaint as well as in the impugned FIR are identical.

(2.) THE FIR in question cannot be quashed merely on the ground that complaint with same set of facts is pending in another court. Keeping in view the aforesaid facts, this Court is of the view that both the complaint case and the FIR case should be tried together by the same court so as to obviate the possibility of conflict of judgments. The impugned FIR is stated to be pending in the court of JMIC, Sunam. The same is accordingly ordered to be transferred to the court of Chief Judicial Magistrate, Sangrur, to be heard and decided alongwith the complaint case by the same court.