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Tuesday, March 16, 2010

Quashing of FIR--Cheating--On ground that private complaint on basis of same facts and civil proceedings are also pending regarding same dispute

2010(1) LAW HERALD (P&H) 440
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Gurdev Singh
Crl. Misc. No. M-1696 of 2010(O&M)
Bhim Sen
v.
State of Punjab & Anr.
{Decided on 20/01/2010}
For the Petitioner: Mr. Sanjay Tangri, Advocate.
Criminal Procedure Code, 1973, S.482 & 210--Indian Penal Code, 1860, S.406, 420 & 120-B--Quashing of FIR--Cheating--On ground that private complaint on basis of same facts and civil proceedings are also pending regarding same dispute--No prayer made for Quashment of complaint--Held, that 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--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--In case the application is made by the petitioner--Magistrate is to comply with the provisions of 210 Cr.P.C., thereafter, both the cases are to be tried as if instituted on police report. (P.2)