JUDGMENT

A. K. Parichha, J. — The petitioner, who is accused No. 4 in ICC Case No. 64 of 2003 on the file of the J.M.F.C., Jaleswar has challenged the order dated 23.3.2004 passed by the learned Magistrate in the aforesaid complaint case. By the impugned order, the learned Magistrate has rejected the petition filed by the petitioner for staying the further proceedings of the said complaint case.

2. The fact of the case, in short, is that opposite party No. 1 filed a complaint case bearing ICC Case No. 64 of 2003 in the Court of the learned J.M.F.C., Jaleswar arraigning the petitioner and opposite parties 2 to 6 as accused persons. After enquiry, the learned J.M.F.C. took cognizance of the offence under Sections 498-A, 323, 506/354, I.P.C. The petitioner-accused No.4 filed a petition before the learned Magistrate under Section 210 of the Code of Criminal Procedure to

stay the further proceedings of the complaint case on the ground that investigation is pending before the police authorities for the self-same incident under the direction of the National Human Rights Commission. After hearing the parties on the said petition, the learned J.M.F.C. by the impugned order dated 23.4.2004