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2014 DIGILAW 508 (AP)

Vanam Sambaiah v. State of Andhra Pradesh

2014-04-02

S.RAVI KUMAR

body2014
ORDER : S. Ravi Kumar, J. This petition is filed to quash proceedings in C.C.No.279/2011 on the file of Judicial First Class Magistrate, Mulugu, Warangal District. 2. Heard learned counsel for the revision petitioners. 3. Learned counsel for the petitioners submitted that in respect of same offence, second respondent herein gave a complaint to police, which was registered as Crime No.107/2010 for the offences under Sections 406, 417, 420 & 447 IPC and the said Crime is still pending investigation and in the meantime, Magistrate Court took cognizance on the basis of a private complaint filed by the second respondent in respect of the same incident and registered it as C.C.No.279/2011, therefore, it is has to be quashed. 4. Section 210 Cr.P.C prescribes the procedure to be followed by Magistrate in a similar situation. According to this provision, when a case is instituted otherwise than on police report and if it is brought to the notice of the Magistrate during the course of the enquiry or trial that an investigation by police is in progress in relation to the same offence, which is subject matter of the enquiry or trial, the Magistrate shall stay the proceedings of such enquiry or trial and call for a report from the police. When such a procedure is contemplated, the petitioners have to invoke that provision by bringing it to the notice of the trial Court about the pendency of investigation in Crime No.107/2010. It appears, no such steps are taken before the trial Court invoking Section 210 Cr.P.C. Without invoking the available remedy seeking quash is not correct. So on an examination of material, I feel that petitioner should be directed to approach the Court below by invoking provisions of Section 210 Cr.P.C so that the learned Magistrate can follow the procedure contemplated in the said section. 5. With this observation, the Criminal petition is disposed of at the admission stage.