Allahabad High Court
Rajendra And 3 Others vs State Of U.P. And Another on 9 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:85409 Court No. - 89 Case :- APPLICATION U/S 482 No. - 2675 of 2024 Applicant :- Rajendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for applicant and learned Additional Government Advocate for the State.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 14.11.2022 passed by Civil Judge (Jr. Div.), Badaun in the Complaint Case No. 19905 of 2022, (Prem Vs. Rajendra and others), under Sections 325, 504, 506 I.P.C., Police Station Civil Lines, District Badaun pending in the Court of Civil Judge (Jr. Div), Badaun.
3. It is submitted that opposite party no. 2, lodged the F.I.R as crime no. 432 of 2022 under Sections 323, 504, 506 against applicants. After investigation charge sheet was submitted under Sections 323, 504, 506, 324, 325 I.P.C. against the applicants. The applicants were granted bail by the Court concerned. Thereafter on the same set of facts, the present proceedings are initiated which is an abuse of process of law.
4. Per contra learned A.G.A opposed the contentions made by learned counsel for the applicants but could not dispute the fact that the subsequent proceedings are initiated by the applicants on the same set of facts on which basis the F.I.R was filed.
5. Section 210 Cr.P.C deals with a situation where two parallel proceedings are pending on the basis of same allegation.
6. Section 210 Cr.P.C is quoted as below:-
" (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 inquiry 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."
7. It is an admitted position that the applicants are enlarged on bail in the case which was instituted on the basis of an F.I.R. Since present complaint has been filed by opposite party no. 2, subsequent to the F.I.R lodged by him, on the same set of facts, therefore, the learned trial Court is empowered to club both the matters and proceed in one matter.
8. Identically, in this matter also, one police challani case and one complaint case are pending against the applicants. The learned trial Court have to adopt the procedure as contemplated under Section 210 Cr.P.C and both cases shall be clubbed together and would be tried together.
9. The Applicants are directed to move an application under Section 210 Cr.P.C before the Court concerned to proceed in accordance to the provision as laid down under Section 210 Cr.P.C.
10. Accordingly, this applications stands finally disposed of.
11. Till then, no coercive measure shall be adopted against the applicants in Complaint Case No. 19905 of 2022.
Order Date :- 9.5.2024 PS