The court emphasized the need for adherence to procedural requirements under Section 210 of the Cr.P.C. in managing concurrent complaints and police investigations.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused No.2 is before this Court under Section

482 of Cr.P.C., with a prayer to quash the order dated 19.06.2023 passed in C.C. No.762/2023, pending before the JMFC-II Court, Belagavi, arising out of Crime No.13/2021 registered by the Market Police Station, Belagavi, and P.C.R. No.31/2021 filed by respondent No.2 before the aforesaid Court.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.13/2021 was registered by the Market Police Station, Market Sub Division, Belagavi City, for the offences punishable under Sections 143, 147, 342, 506, 149 of the IPC against Deepak Parasharam Birje and others, based on the first information dated 06.02.2021, received from respondent No.2 herein. During the pendency of the aforesaid FIR, private complaint in P.C.R. No.31/2021 was filed by respondent No.2 before the JMFC-II Court, Belagavi and the said private complaint was referred to the Market Police Station, Belagavi, which is the jurisdictional Police Station on 19.03.2021, acting under Section 156(3)

of the Cr.P.C.

4. It appears that the Market Police Station had not registered a separate FIR after P.C.R. No.31/2021 was referred for the purpose of investigation and on the other hand, a requisition was made before the learned Magistrate to permit them to investigate the Case along with Crime No.13/2021, which was already registered by the very same Police Station based on the first information received from the de facto complainant herein.

5. It appears that the advocate appearing for the de facto complainant had made a statement on 01.04.2022 that he had no objection to consider the requisition filed by the concerned Police Station, and accordingly the learned Magistrate had directed the PSI to proceed with the investigation and to submit the report without delay.

6. Subsequently, the Investigation Officer in the present case had filed a “B” final report in the present case, which was taken on record in P.C.R. No.31/2021. The learned Magistrate by order dated 23.12.2022 rejected the “B” final report filed and thereafter recorded the sworn statement of the de facto complainant and vide order impugned dated 19.06.2023 directed the registry to register a case against accused Nos.1 and 2 for the offence punishable under Section 347 of IPC.

7. Being aggrieved by the same, accused No.2 is before this Court.

8. The undisputed facts of the present case are that FIR in Crime No.13/2021 was registered by Market Police Station, Market Sub Division, Belagavi city for the offence punishable under Section 143, 147, 342, 506, 149 of IPC against Deepak Parasharam Birje, based on the first information dated 06.02.2021 received from respondent No.2, Girish Tukaram Huddar. The petitioner herein is arrayed as accused No.2 in Crime No.13 of 2021. When the investigation in Crime No. 13/2021 was under progress, a separate private complaint was filed by Girish Tukaram Huddar before the Court of Jurisdictional Magistrate on 10.02.2021. The petitioner herein is arrayed as accused No.2 even in the private complaint, which was filed before the Jurisdictional Court of Magistrate. The allegations found in the first information, which had resulted in registering FIR in Crime No.13/2021 and the allegations found in the private complaint are similar in nature.

9. Section 210 of the Cr.P.C. provides for the procedure to be followed when there is a complaint case and police investigation in respect of the same offence.

Section 210 of 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 (i.e., a complaint case), it is made to appear to the Magis