- (1.) Heard learned counsel for the applicants and learned AGA for the State.
(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash entire proceedings of complaint case no.1369 of 2013 (Mahendra Pal Vs. Praveen Kumar and another) under sections 307, 436, 504 IPC, P.S. Bihargarh, Distt. Saharanpur and State Case No.1082 of 2014 (State Vs. Praveen Kumar and another) pending in the Court of Judicial Magistrate-III, Saharanpur as well as order dated 22.9.2015 passed by the concerned Magistrate whereby the application for discharge moved by the applicants in the aforesaid case has been rejected. Further prayer has been made to stay the proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the applicants is that initially an NCR was lodged against the applicants. Later on, on the basis of medical evidence, matter was investigated by the concerned police and charge-sheet was filed against the applicants for the offence under sections 323, 324, 504, 506 IPC. The complainant also moved the complaint and the court concerned after recording the evidence summoned the applicants for the offence under sections 307, 436, 504 IPC. In the charge-sheet and in the complaint, date and time of the offence were the same. The trial Court ought to have stayed the complaint proceedings because an application had been moved to stay the proceedings of the complaint case. The trial Court ignoring the specific provision provided under section 210 Cr.P.C., rejected the application observing that sommoning order passed in the complaint relates to the sessions triable offences. Hence, both the cases shall be committed to sessions court consolidating them. It was also observed by the court concerned that applicants have not obtained bail, hence they must first obtain the bail so that committal proceedings be completed. It was further submitted that the observation recorded by the court concerned dealing with the matter is illegal. The complaint was filed colouring the facts. Thus, complaint itself was barred.;