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Allahabad High Court · body

2016 DIGILAW 3551 (ALL)

Usha Singh v. State of U. P.

2016-10-24

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of complaint case no. 894 of 2016 as well as the order dated 1.9.2016 under Sections 323, 506, 504 IPC, Police Station, Ubhaon, District - Ballia passed by the Judicial Magistrate, First, Ballia. Heard learned counsel for the applicants and the learned AGA appearing for the State. It is submitted by the learned counsel for the applicants that an N.C.R. was lodged on 2.5.2008 regarding the offence dated 27.4.2008 in which an application under Section 155(2) CrPC was moved and on the basis of the order passed on the said application, investigation in the matter is going-on. Present complaint has been filed on the basis of same set of facts for the same incident. While passing the summoning order, the Magistrate concerned did not consider the fact that investigation in the matter is going-on for the same matter, illegally summoned the applicants. The impugned order suffers from illegality and infirmity. On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity. In this matter, investigation is said to be pending for the same incident. Applicants have been summoned on 1.9.2016 on the basis of the aforesaid complaint as well as the statements. There is specific provision under Section 210 CrPC to deal with such a situation. Whether the facts of carrying on/continuation of investigation were placed before the Magistrate concerned or not is not clear from the record. The legal position is that if a complaint is initiated in the matter and police investigation is also being made, the Magistrate concerned shall stay the proceedings of the complaint case till the submission of the police report. In view of the above, I find no ground to exercise the jurisdiction under section 482 Cr.P.C. to quash the summoning order or the proceedings of the complaint case, but in the interest of justice and keeping in view the legal position, it is directed that the applicants shall move an application under Section 210 CrPC before the Magistrate concerned within a period of one month from today. If such application is moved stating all the facts by the applicants along with the certified copy of this order before the court concerned, the Magistrate concerned shall pass an appropriate order taking recourse of the provisions of Section 210 Cr.P.C. It is further directed that if the NCR and complaint both relate to same offence and are covered under the provisions of Section 210 Cr.P.C., no coercive steps shall be taken against the applicants till the disposal of the application under section 210 Cr.P.C. With the aforesaid observations, the Application under section 482 Cr.P.C. stands disposed.