- (1.) Heard learned Counsel for applicants.
(2.) This revision has been filed against the order dated 24.3.1994 passed by the Chief Judicial Magistrate. Budaun, by which the final report submitted by the Investigating Officer has not been accepted and cognizance of the offence has been taken.
(3.) Learned Counsel for applicants has submitted that on complaint filed by opposite party No. 2 the Court had already taken cognizance and the same is pending and the second cognizance could not be taken by the Court. Reliance has been placed on Section 210 of the Code of Criminal Procedure which is being reported here: 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 course of the inquiry for trial held by him. that an investigation by the police is in progress in relation to the offence which is 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.;