( 1 ) THIS revision petition is directed against the order dated 4th January, 2002 passed by ACMM, Patiala House Courts, New Delhi dismissing the application of petitioner/accused under Section 210 Code of Criminal Procedure

( 2 ) CONNECTED with the recovery of Chinese silk textile on 28/08/2000 from Ms. Olga kozireva/accused, a complaint under-Sections 132 and 135 of Customs Act, 1962 has been filed by the Customs and RC. 5 (E)/2001 under Sections 120-B indian Penal Code read with 420 Indian Penal Code and 13 (l) (d) (2) of P. C. Act, 1988 and substantive offences under Sections 13 (2) read with Section 13 (1 ) (d) of P. C. Act has also been registered by SIU (IX) branch, CBI. Latter case is still under investigation. In the complaint, the petitioner filed application under section 210 Code of Criminal Procedure for stay of proceedings till the police report under Section 173 Code of Criminal Procedure was filed in the case registered by CBI and by the order under challenge the application has been dismissed by ACMM, Patiala House Courts before whom the complaint is pending. Section 210 code of Criminal Procedure which is material, is reproduced below:-

"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 to as a complaint case), it is made to appear to the magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the 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. "

( 3 ) MAIN thrust of argument advanced by sh. Sidharth Aggarwal for petitioner was that by notification No. 25-3-60-AVD-II dated 1/04/1964, CBI has been authorised to investigate offences punishable under Sections 132 and 135 of the Customs Act and said case registered by CBI (copy of FIR at pages 102 to 110) also notices allegations regarding commission of offences under said two Sections of the Customs Act and cbi, thus, can investigate the offences under said two Sections in addition to offences for which the case has been registered by it. Therefore, the trial court had acted erroneously in declining to stay proceedings in complaint case under Section 210 Code of Criminal Procedure On the other hand, it was pointed out by Sh. A. K. Dutt for CBI that CBI is conducting investigation pertaining to offences for which the case was registered and not for offences under the Customs Act. Under section 5 P. C. Act, 1988, Special Judge appointed under Section 3 of that Act takes cognizance of offence (s) without the accused being committed to him for trial. In the event the allegations concerning violation of Sections 132 and 135 of the Customs Act are investigated in addition to offences for which case was registered by CBI, the charge sheet for all the offences will have to be filed before the Special judge and it cannot be clubbed with the complaint for trial by ACMM, Patiala House Courts as envisaged by said sub-section (2) of said Section 210, nor can the Special Judge transfer to his court the complaint file