LAXMI NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite party.

(2.) IN this application, petitioners have challenged orders dated 19.10.2006 and 20.10.2006 passed by learned Chief Judicial Magistrate, Araria in Complaint Case No. C2254 of 2006.

(3.) LEARNED senior counsel for the petitioners submits that with regard to the same occurrence dated 6.10.2006 two F.I. Rs. were registered pertaining to Forbesganj RS. Case No. 368 of 2006 and Forbesganj P.S. Case No. 369 of 2006 on 7.10.2006 and they were pending investigation and therefore, learned Magistrate ought to have stayed the proceedings in the complaint case which was filed by the widow of the deceased on 11.10.2006 after institution of the police cases. In this connection, learned senior counsel for the petitioners has referred to sub -section (1) of section 210 of the Code of Criminal Procedure, which reads as follows : ''