M. S. A. SIDDIQUI, J. ( 1 ) THE petitioners have filed three separate petitions under Section 186 Cr. P. C. for deciding the following question:- "whether this Court or the High Court of Punjab and Haryana is competent todecide the question as to in which of the two courts, viz. , the Court of Chiefmetropolitan Magistrate, Delhi or the Judicial Magistrate, First Class Distt. Hoshiarpur (Punjab) enquiry or trial shall proceed in respect of offencesconcerning the Malta Boat tragedy?these petitions are being disposed of by this common order. ( 2 ) THE case was registered on the basis of a report dated 12. 1. 1997 receivedfrom the Indian Ambassador in Ethens (Greece) regarding the incident of a boattragedy (commonly know as the Malta Boat tragedy) which occurred in the High Seasin Malta-Sisly channel on the night intervening 24/25th December, in which 170indians were feared drowned. The Central Government entrusted the matter to thecbi for investigation. Accordingly, a case FIR No. RC 1 (S)/97- (ACU) (IV) undersections 420/120-B/467/468/471 Indian Penal Code read with Sections 3/12 of the Passport Actand Sections 10/24 of the Immigration Act was registered on 17. 1. 1997. Investigationpursuant thereto culminated in submission of a charge sheet against the accusedpersons. The charge sheet was filed on 8. 9. 1997. On 20. 10. 1997; the learned Chiefmetropolitan Magistrate, Delhi took cognizance of the offence and issued processagainst the accused persons. ( 3 ) FOUR separate criminal cases in respect of the said boat tragedy wereregistered in Distt. Hoshiarpur (Punjab ). FIR No. 13 dated 21/01/1997 Sections 406/420/120-B Indian Penal Code was registered at the Police Station Dasuya,hoshiarpur and the charge sheet was filed on 6. 3. 1998. FIR No. 38 datedmarch, 1997, FIR No. 13 dated 17. 1. 1997 and FIR No. 11 dated 16. 1. 1997 Sections 406/420/120-B Indian Penal Code were registered at the Police Station Tanda Hoshiarpur (Punjab) and the proceedings commenced in the Court of Judgemagistrate Hoshiarpur on 8. 1. 1998. ( 4 ) SECTION 186 Criminal Procedure Code provides for determination of the forum for trial offence when its cognizance has been taken by two courts. The only condition forapplicability of the said section is that the courts must have taken cognizance ofsame offence. The sine quation for exercise of discretion by the High Court ofclause (b) of Section 186 of the Code of Criminal Procedure is as to whereproceedings were first commenced. The only condition forapplicability of the said section is that the courts must have taken cognizance ofsame offence. The sine quation for exercise of discretion by the High Court ofclause (b) of Section 186 of the Code of Criminal Procedure is as to whereproceedings were first commenced. The dominant consideration of an earlircommencement of the proceedings has been incorporated in Clause (b) of Section186 because it reiers to a different state of circumstances. Where the two or subordinate courts taking cognizance of the same offences are not subordinathe same High Court and therefore to eliminate possible confusion and conflictprinciple of earlier commencement has been enjoined as the proper criterion. ( 5 ) IN the instant case learned counsel for the CBI has fairly concededproceedings before the Chief Metropolitan Magistrate, Delhi were started first ascognizance was taken on 20/10/1997, whereas in the cases beforejudicial Magistrate First Class Hoshiarpur such congnizance was taken on 8. 1. 1974thus it is indisputably manifest that the proceedings in respect of the offencequestion were first commenced in the Court of the Chief Metropolitan Magistratedelhi and the commencement of the proceedings in the Court of Judicial Magistfirst Class, Distt. Hoshiarpur (Punjab) had taken place much later. It, thereforefollows that this Court is competent to decide the aforesaid question under Section186 Criminal Procedure Code That being so, the Chief Metropolitan Magistrate, Delhi would alonecompetent to enquire into and try the offences in question. ( 6 ) FOR the foregoing reasons I make the rule absolute and I direct that the Courtchief Metropolitan Magistrate Delhi shall try the cases concerning the Malta Bo tragedy.