SHASHI KANT TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 19.04.2006 passed by in Complaint Case No. 416 of 2005 by which the Judicial Magistrate, 1st Class, Kaimur at Bhabhua has taken cognizance for the offences under Sections 380, 452, 504, 506 & 341 of the Indian Penal Code

(2.) The facts are that on 20.04.2005, the father-in-law of Lalsa Devi, Ramashankar Tiwari lodged First Information Report against unknown persons in which it is said that in the night of 19th/20th April, 2005, some persons entered into the house and stole away cash and other household items and articles. 12 days after the said occurrence, Lalsa Devi lodged this case naming the Petitioners as the persons, who had committed the said crime in the night of 19th /20th April, 2005.

(3.) Learned Counsel for the Petitioner referring to Section 210 of the Code of Criminal Procedure submits that the provisions thereof envisage that if during the course of enquiry or trial held by a Magistrate, it comes to his notice that a similar case has been filed which is being investigated by the Police in relation to the same offence which is the subject matter of the enquiry, he should stay the proceedings and call for a report from the Investigating Officer.