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2010 DIGILAW 503 (PNJ)

Bhim Sen v. State of Punjab

2010-01-20

GURDEV SINGH

body2010
JUDGMENT Gurdev Singh, J.:- Petitioner-Bhim Sen has come up with this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.155 dated 20.11.2009 registered under Sections 406, 420 and 120-B of the Indian Penal Code in Police Station City Hoshiarpur(Annexure P-4) and the further proceedings taken in the same, on the ground that the private complaint on the basis of the same facts was also filed in which he was summoned to stand his trial along with other accused and that the civil proceedings are also pending regarding the same dispute. In support of his contention made in the petition, learned counsel for the petitioner relied upon Rachhpal Singh v. State of Punjab 1997(1) R.C.R.(Criminal) 167; Sat Pal Singh v. State of Punjab 1997 (2) R.C.R.(Criminal) 278; Bhagwant Singh v. The State of Punjab and another 1996(1) C.L.R. 551; Md Ibrahim and others v. State of Bihar and another 2009(4) RCR (Criminal) 369; and Rattan Singh and others v. State of Haryana and another 1996(1) RCR (Criminal) 57. 2. The petitioner is seeking only the quashment of the FIR whereas no prayer has been made for the quashment of the complaint, in which he has been summoned to stand his trial. A remedy has been provided under Section 210 Cr.P.C. According to that Section, when in a case instituted otherwise than on a police report, it is made to appear to the Magistrate, during the course of the enquiry 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 enquiry or trial held by him, the Magistrate is to stay the proceedings of such enquiry or trial and is to call for the report on the matter from the police officer conducting the investigation. According to sub section 2 thereof, if a report is made by the investigating 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 is required to enquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on the police report. Therefore, there is no ground for quashment of the FIR and the Magistrate, in case the application is made by the petitioner under the above said section, is to comply with the above said provisions and thereafter, both the cases are to be tried as if instituted on police report. 3. In the judgments relied upon by the learned counsel for the petitioner, it was held that where the civil proceedings regarding the same matter are pending, criminal proceedings may be stayed. For that he can move an application before the Magistrate. With the above observations, this petition is disposed of. --------------