Section 210 of the Code of Criminal Procedure, 1973 does not apply to a case where the police have already submitted a challan against some of the accused and a complaint is filed against other accused for the same offence.

( 1 ) ON the death of Mrs. Gurmeet wife of Avtar Singh, a case under Section 302 Indian Penal Code. was registered at Police Station Gandhi Nagar, Delhi, and on completion of the investigation a charge-sheet for trial under the said provision of law was put up against Ranjit Kaur wife of Kartar Singh and mother-in-law of the deceased. Later on, Mohan Singh lodged a complaint in the Court of Metropolitan Magistrate Shahdara and attributed the murder of Gurmeet to Avtar Singh and Kartar Singh aforesaid, apart from Ranjit Kaur. This complaint was instituted on 9. 5. 1979 and on 19-5-1979 Magistrate committed Ranjit Kaur alone to the Court of Session. It was represented to Shri R. L. Chugh, Additional Chief Metropolitan Magistrate, Shahdara, with whom the complaint mentioned above was pending that in view of the dictates of Section 2100 of the Code of Criminal Procedure, 1973 the two persons other than Ranjit Kaur accused in the complaint be also committed to the Court of Session so that the police case and the complaint case can be tried together. The plea was, however, rejected by the Magistrate and it was directed that the complaint be enquired into in the manner prescribed by Chapter XV of the Code of Criminal Procedure. The complainant Mohan Singh filed a revision petition against this order and the Additional Sessions Judge concluded that Section 210 (2) being applicable to the matter, the complaint case should have been treated as if the same had been instituted on a police report and committed together with the police case. Consequently he set aside the impugned order and remanded the complaint case for further proceedings according to law in the light of the observations made by him. On receipt of that order the Magistrate directed on 27. 2. 1980 issue of non-bailable warrants for the appearance of Avtar Singh and Kartar Singh. Aggrieved by this action, Kartar Singh and Avtar Singh have filed the revision petition under consideration for the order of the Additional Sessions Judge being set aside and the proceedings pending against them being quashed.

( 2 ) I may quote Section 210 of the Code of Criminal Procedure here for the ease of reference :

"210. 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 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 of 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 ) IT is evident from the clear language of the aforesaid section that it comes into operation when the Magistrate is holding an inquiry or a trial in relation to a complaint case and it is brought to his notice that the offence which forms the subject-matter of that inquiry or trial is under investigation with the police. In such circumstances the Magistrate stays the proceedings in the complaint case and awaits the result of the investigation. If the police report does not relate to any person accu