A.MATEEN, J. - (1.) HEARD learned Coun­sel for the petitioner and learned Addi­tional Government Advocate.
(2.) THE prayer made in this petition under Section 482, Cr. P.C. is for quashing charge-sheet submitted in Criminal Case No. 1605 of 2000 arising out of case crime No. 427 of 1999 under sections 272 and 273, I.P.C. of P.S. Kotwali District Rae Bareli. I have gone through the contents of the charge-sheet as well as the F.I.R. and I do not find any good reason so as to quash the charge-sheet. The prayer for quashing the charge-sheet is accordingly rejected.
(3.) FURTHER submission made at Bar by the learned Counsel for the petitioner is that complaint case bearing Case No. 1711 of 1999 instituted on the basis of F.I.R. lodged by the Food Inspector of District Rae Bareli in the Court of Additional Chief Judicial Magistrate-I, Rae Bareli is also the outcome of the one and the same incident i.e. it is based on one and the same sample and is of the same date. As such, the sub­mission is that the petitioner cannot be tried for the same offence twice; once in the police case and in the complaint case. It is submitted that the police case and the complaint case should be clubbed and tried together. Learned Counsel for the peti­tioner has moved application under section 210, Cr.P.C. which is pending disposal be­fore the Additional Chief Judicial Magis­trate-I, Rae Bareli. In view of the above, it is directed that the learned Additional Chief Judicial Mag­istrate-I, Rae Bareli shall proceed in case No. 1605 of 1999 under sections 272 and 273, I.P.C. of Police Station Kotwali, District Rae Bareli only after disposing of the appli­cation, of the petitioner moved under section 210, Cr. PC. and the complaint case and the, police case be clubbed together if both the cases arise out of one and the same incident.;