Allahabad High Court
Soni Devi And 8 Others vs State Of U.P. And Another on 2 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:101969 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.14) Court No. - 78 Case :- APPLICATION U/S 482 No. - 36454 of 2024 Applicant :- Soni Devi And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firdos Ahmad,Mahesh Kumar Counsel for Opposite Party :- G.A.,Manish Kumar Kashyap,V.P. Singh Kashyap Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Mahesh Kumar, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. None is present on behalf of the opposite party no.2.
2. The instant application under Section 482 Cr.P.C. was filed seeking quashing of the summoning order dated 01.08.2024 passed in Complaint Case No. 11708 of 2023 (Ram Sewak vs. Soni Devi and Others) under Sections 323, 504, 427 I.P.C., Police Station- Jalalabad, District- Shahjahanpur, pending in the Court of Additional Civil Judge, Senior Division/ACJM, Court No. 20, Shahjahanpur.
3. Learned counsel for the applicants submits that with regard to an incident dated 12.04.2023, two cross F.I.Rs. were lodged against the applicants and the opposite party no.2 and others and the matters are pending adjudication with regard to both cross F.I.Rs. lodged against each other. With regard to the same incident, the opposite party no.2 has also filed the instant complaint case alleging therein that the F.I.R. was not registered against all the accused persons. Therefore, learned counsel for the applicants submits that by entertaining the complaint case for the same cause of action the applicants are facing double jeopardy.
4. Per contra, learned A.G.A for the State submits that in case for the same cause of action if an F.I.R. was registered, the police report is submitted and for the same cause of action a complaint case was also filed, the procedure provided under Section 210 Cr.P.C. deals with the proceedings and both the proceedings required to be clubbed together and proceeded in accordance with the procedure prescribed.
5. Section 210 Cr.P.C. reads as under:
Section 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such enquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
6. In view of the aforesaid provisions it is open for the applicants to move an application under Section 210 (2) Cr.P.C to club the proceedings and proceed in accordance with law.
7. In view of the aforesaid submissions made by learned A.G.A. and looking at the provisions of Section 210 Cr.P.C., the instant application is disposed of with liberty to the applicants to move appropriate application under Section 210 Cr.P.C. before the learned Magistrate. The applicants who have already been granted protection in pursuance of the F.I.R. and the charge-sheet, shall be protected and no coercive steps shall be taken against them in pursuance of the summoning order in the instant complaint case.
Order Date :- 2.7.2025 Shubham Arya (Anish Kumar Gupta, J.)