The trial magistrate must call for a police report when both a complaint and police investigation exist for the same offence, as mandated by Section 210 of CrPC.

JUDGMENT :

Rakesh Kainthla, J.

A perusal of record shows that an incident dated 06.06.2023 was reported to the police and the police registered an F.I.R. No. 90 of 2023, dated 07.06.2023, for the commission of offences punishable under Sections 341, 323, 504 read with Section 34 of Indian Penal Code ( IPC ) at Police Station Ghumarwin, District Bilaspur, H.P. The police filed a charge-sheet for the commission of offences punishable under Sections 323, 341, 355, 504 read with Section 34 of IPC before the Gram Panchayat Seu, Block Development Ghumarwin, District Bilaspur, H.P. after completion of the investigation.

2. Subsequently, the victim filed a complaint before the learned Chief Judicial Magistrate Bilaspur, District Bilaspur,H.P.,regarding the same incident, who assigned it to the learned Judicial Magistrate, First Class, Court No.2, Ghumarwin, District Bilaspur, H.P., for trial. It was asserted in para 5 to 7 of the complaint that an F.I.R. No. 90 of 2023 dated 07.06.2023, was registered for the commission of offences punishable under Sections 341, 323, 504 read with Section 34 of IPC at Police Station Ghumarwin, District Bilaspur, H.P., but the informant was not satisfied with the investigation conducted by the police and the submission of the charge-sheet before the aforesaid Gram Panchayat. Learned Magistrate took cognisance after recording the statements of four witnesses and thereafter ordered the issuance of process vide order dated 21.08.2024.

3. Aggrieved, the petitioner has approached this Court. Two submissions have been raised on behalf of the petitioner, (i) that the informant had earlier filed an application under Section 410 of Cr.P.C.in which identical pleas were taken as were taken in the complaint. This application was unconditionally withdrawn vide order dated 16.05.2024. Since the application was withdrawn unconditionally, therefore, the complaint could not have been filed. (ii) The continuation of the proceedings before two Courts, namely learned Judicial Magistrate First Class, Court No.2, Ghumarwin, District Bilaspur, H.P. and the Gram Panchayat Seu, Block Development Ghumarwin, District Bilaspur, H.P.,is a violation of Article 20 of the Constitution of India.

4. A similar situation arose before this Court in Wattan Singh vs. Joginder Singh & Ors. 2005 (1) ShimLC 82, wherein a complaint was made before the learned Additional Chief Judicial Magistrate, Amb, District Una, H.P. and to the police. The police submitted a charge sheet before the concerned Gram Panchayat for its disposal as per law.It was held by this Court that as per Section 210 of Cr.PC., the learned Magistrate has to call for a report from the police officer in the matter and thereafter try the complaint and police challan together as if it were instituted on a police report. It was observed:-

“5. There cannot be any dispute about the correctness of the conclusion arrived by the trial Magistrate that, in view of the police charge-sheet and the complaint arising out of the same occurrence, and based on the similar allegations, these should be dealt with under the provisions of Section 210 of the Code.

6. Section 210 of the Code reads as under :

"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 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 th