Madhya Pradesh High Court
Smt. Ramdevi Jatav vs Sukhwasi Master on 27 March, 2017
1
CRR.219/2017
Smt. Ramdevi Jatav Vs. Sukhwasi Master and Ors.
27.03.2017
Shri Ram Kishore Sharma, counsel for the petitioner. The present revision petition u/s 397 Cr.P.C. assails the order passed by the learned trial Judge, while rejecting an application under Section 210 Cr.P.C. preferred by petitioner / complaint by holding that there is no provision for staying the investigation conducted by the police authorities in an offence in regard to which inquiry in criminal complaint is pending before the Magistrate.
A bare perusal of the application under Section 210 Cr.P.C filed by the petitioner dated 14.02.2017 indicates that stay in the said application was sought of the investigation conducted by the police authorities which was triggered by registration of FIR bearing Crime No. 396/2016, Police Station Umari, District Bhind.
From a plain reading of Section 210 Cr.P.C. it is clear that when a Magistrate who is ceased of an inquiring in a complaint filed under Section 200 Cr.P.C., comes to know about the investigation being conducted by the police authorities in regard to the same incident then the said enquiry in the complaint case shall be stayed and police report shall be called in regard to the investigation. Thus this provision contemplates stay of proceedings in the criminal complaint and not of the investigation.
Thus, it is evident that the petitioner in the application under Section 210 Cr.P.C had made a prayer which was invariance to the provision of Section 210 and therefore, the trial court has rightly rejected the same.
However, if a situation exists where complaint proceedings under Section 210 is being inquired into in an offence arising out 2 CRR.219/2017 of same offence which is being investigated by the police then certainly cause arises for seeking stay of the proceedings of inquiry in the criminal complaint, and the said cause continues to be available to the petitioner so long as simultaneous proceedings of investigation on one hand and inqury in the complaint on the other hand are pending.
Thus without disturbing the order of the trial court which has been rightly passed in the given facts and circumstances of the case, this Court disposes of this revision with liberty to the petitioner to file a fresh application under Section 210 Cr.P.C which if filed within a period of 15 days, shall be considered on its own merits without being influenced by the earlier order dated 14.02.2017.
(Sheel Nagu)
sarathe Judge