BACHAN SINGH AND 15 OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Bachan Singh And 15 Others
State of Uttarakhand and another
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(1.) By way of present application under Section 482 Cr.P.C., the applicants seek to quash the proceedings of Criminal Case No. 162 of 2006 captioned as Shoorvir Singh vs. Bachan Singh and others, pending in the Court of Special Judicial Magistrate, Tehri Garhwal.
(2.) The criminal complaint was instituted by the complainant Shoorvir Singh against the accused persons Bachan Singh and 15 others, which was registered as Criminal Case No. 162 of 2006, in the Court of Special Judicial Magistrate, Tehri Garhwal, in respect of offences punishable under Sections 147, 379 and 149 of I.P.C.. The statement of Shoorvir Singh recorded under Section 200 Cr.P.C. and statements of Kunwar Singh, Jaman Singh were recorded under Section 202 Cr.P.C. On the basis of such statements, prima facie case was found against the accused persons and they were summoned to face the trial for the offences punishable under Sections 147/379 vide order dated 07.08.2006. In the meantime, but before the criminal complaint case could be instituted, the informant/complainant moved an application under Section 156 (3) Cr.P.C. on 30.09.2005. On such application the Patti Patwari was directed to submit the report. Patti Patwari reported that the informant/complainant has compounded the offence and has buried all his differences with the accused Bachan Singh. Such report was given by Patwari on 17.10.2005. The complaint was filed on 01.08.2006, whereas application under Section 156(3) Cr.P.C. was moved on 30.09.2005.
(3.) Learned counsel for the applicants as well as learned counsel representing state drew the attention of this court towards the compromise entered into between Shoorvir Singh and Bachan Signh, which compromise was referred to by Patti Patwari in his report dated 09.04.2006. It is made clear that there is no F.I.R. lodged against the accused persons as of now and therefore, the complaint case is bound to proceed in view of Section 210 of Cr.P.C., which is reproduced here in below for ready reference :-
"210 Procedure to be followed when there is a complaint case and police investigation in respect of the same offence- (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the court of the inquiry 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 inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police 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 shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.";
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