The central legal point established in the judgment is the obligation of the Magistrate under Section 210(2) of the Code of Criminal Procedure to order trial of both a complaint case and a police case together when they arise from the same occurrence, in order to avoid conflict between police investigation and Magistrate's inquiry.

M.M.Kumar, J.

1. This petition filed under Section 407 of the Code of Criminal Procedure, 1973 (for brevity the Code) seeks transfer of the Complaint case No. 76/1 dated 31-5-2002 titled as Ram Rattan V/s. Jeet Ram to the Court of Additional Sessions Judge, Panchkula. It has further been prayed that the same be tried along with Sessions case No. 17/2 titled as State V/s. Ram Kishan arising out of case FIR No. 7 dated 21-1-2002 Under Section 148/149/323/325/308/326 IPC, P.S. Raipur Rani.

2. The occurrence in both the cases i.e. in the complaint case as well as in the police case is the same but the version given by one party and the other differs. An application for transfer of the complaint case was filed before the Additional Sessions Judge, which was dismissed on 3-4-2003 with the observation that such a request should be made to the Magistrate in the complaint case for commitment of the accused to the Sessions Court. Thereafter, an application for transfer of the complaint was also filed but the same has also been disposed of with the observation that the accused by then had not put in appearance. Both the orders have been placed on record as Annexures P-1 and P-2. It has also been mentioned that on the basis of the police report, the accused in the police case has been committed to the Court of Additional Sessions Judge, Panchkula and the case is fixed for prosecution evidence. The application for deferring the trial has also been dismissed. Feeling aggrieved by the aforementioned orders, the petitioner has approached this Court.

3. Ms. Kiran Bala Jain, learned counsel for the petitioner has argued that under Sub-section 2 of Section 210 of the Code, there is a legal obligation cast on the Court to try both the cases together i.e. the complaint case as well as the case based on the police report provided both the cases are arising out of the same occurrence. She has pointed out that it is admitted position that the complaint as well as the police report have arisen from the same occurrence.

4. Mr. G.P.S. Nagra, learned State counsel has no serious objection to the aforementioned submission of the learned counsel for the petitioner.

5. After hearing the learned counsel for the parties, I am of the considered view that language of Section 210 (2) clearly indicates that in respect of the same offence, if complaint case is filed and the police report has also been filed then the Magistrate is under an obligation to try both the cases together. The object of Sub-section 2 of Section 210 appears to be that by filing the complaint, the private complainant may not interfere with the course of justice. In the absence of such a provision, a person accused in the FIR would always manage to file a complaint and would be able to succeed in issuance of process. Section 210 is reproduced hereunder, for the facility of reference :-

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"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 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 ta