BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is filed for quashing the order dated 21.10.2014 passed by Sub Divisional Judicial Magistrate, Derabassi, vide which the Magistrate ordered that the application filed by the petitioner under Section 156 (3) of the Code of Criminal Procedure (Cr.P.C. for short) shall be attached with the file of FIR No.178 dated 14.5.2014 under Section 302 IPC of Police Station Zirakpur. Direction is also sought that the Magistrate should decide the application of the petitioner in accordance with law.

(2.) THE facts of the case are that the petitioner had lodged the FIR mentioned above and while investigation was going on, he filed a complaint under Section 156 (3) Cr.P.C. against mother and sister of the previous accused named in the FIR. The Magistrate at Derabassi did not decide the application and ordered that since the case by way of FIR regarding the same offence was already pending, file of the application filed later on by the petitioner would be attached with the other criminal case pending before Additional Sessions Judge -I, Mohali.

(3.) COUNSEL for the petitioner argued that the Magistrate had no power to get the file of the application attached with the file of the FIR because he was required to pass an order on the complaint made by the petitioner as at the initial stage, the matter was to be tried by him. He should have either proceeded under Section 202 or Section 204 Cr.P.C.