S. C. MOHAPATRA, J.

( 1 ) IN an application for special have under S. 378 (4) Cr. P. C. by the complainant against an order of acquittal the main point urged is the validity of the trial of the accused persons to be acquitted which is alleged to be in contravention of S. 210 Cr. P. C.

( 2 ) SECTION 210 Cr. P. C. reads as follows :-"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 the complaint case, the Magistrate shall inquire in