R.K.RASTOGI, J. - (1.) HEARD the learned Counsel for the applicants and the learned A.G.A. for the State.
(2.) THIS is an application under sec ­tion 482 Cr.P.C. for quashing the complaint case No. 799 of 2005, Smt. Chandra Kala v. Sravan Dixit and others pending in the Court of Judicial Magistrate, Saidpur District Ghazipur. It appears from perusal of the application under section 156(3) Cr.P.C. that there was an alleged incident of Marpit between the applicants and the complainant Smt. Chandra Kala on 3.6.2005 at 7 p.m. at her house. She filed an applica ­tion in respect of this incident under sec ­tion 156(3) Cr.P.C. on 7.6.2005. This appli ­cation was rejected by the learned Magis ­trate vide his order dated 7.6.2005. Then she filed a complaint against the accused persons on 17.6.2005 in respect of that very incident and the Magistrate after taking cognizance and recording the statement of the complainant and her witnesses under sections 200 and 202 Cr.P.C. summoned all the accused applicants under sections 147, 504, 506, 452, 323 and 379 IPC vide his or ­der dated 25.6.2005 passed in Crl. Com ­plaint No. 799/05, Smt. Chandra Kala Devi v. Sarvan Dixit and others. Thereafter she lodged a FIR also in respect of this very incident at P.S. Khanpur on 13.7.2005 and the police after investigation has submitted a charge -sheet in the case on 29.7.2005 under sections 147, 323, 504 and 506 I.P.C. and the Magistrate after taking cognizance, has registered Crl. Case No. 1557/2005 against the accused. The accused have al ­ready obtained bail in this case on 16.8.2007. Even then warrants have been issued against them in that complaint case on 31.7.2007. They have therefore chal ­lenged the summoning order dated 25.6.2005 passed in the complaint and the order for issuing warrant against them in the same complaint on 31.7.2007.
(3.) IT is to be seen that under section 210 Cr.P.C. it has been provided that if a police case as well as complaint case has been registered in respect of the same inci ­dent, the Magistrate shall stay the proceed ­ings of the complaint case and shall wait for report from the police and if any charge -sheet is filed, then in that case the complaint as well as the State case both shall be consolidated and they shall be tried together as a State case. This provi ­sion is applicable to the facts of the present case also.;