Hon’ble Mrs. Jayashree Tiwari, J.—Heard learned counsel for the revisionists and learned opposite party as well as learned AGA.

2. The present revision has been filed by the applicants on the ground challenging the order of the Magistrate whereby summoning the accused persons.

3. In short, the contention of learned counsel for the applicants is that in the body of the complaint, it is explicitly mentioned that a case concerning the similar incident was lodged in the Police Station and the investigation was going on.

4. Learned Magistrate have not inquired from the Police Station about the progress of the aforesaid case and have straight-way passed the order summoning the accused persons.

5. The contention of learned counsel for the applicants is that if during the course of inquiry or trial it come to the notice of the Magistrate that a case relating to the similar incident is pending before the Police, it is mandatory on the part of the Magistrate to have called a report from the Police Station as mentioned under Section 210 Cr. P.C., it lays down as follows :

“Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.—