The court held that under Section 210 of Cr.P.C., complaint and police cases concerning the same incident must be handled together to ensure fair trial and justice.

O R D E R

This Crl.M.C. has been filed to quash all further proceedings in C.C.No.528 of 2018 on the files of the Judicial First Class Magistrate Court-I, Kozhikode (for short, 'the trial court').

2. The respondent No.2 filed Annexure A1 private complaint against the petitioner before the trial court. The trial court after conducting enquiry under Section 202 of Cr.P.C., received the complaint on file as C.C.No. 528 of 2018 and issued process to the petitioner. The offences alleged are under Sections 341, 323, 294(b) and 506 of IPC.

3. The prosecution allegation is that on 13.10.2016 at

10.30 a.m., while the respondent No.2 was riding a scooter as a pillion rider, driven by her husband Anilkumar, the petitioner abused her husband contending that the handle of the scooter knocked his body and when the respondent No.2 intervened, the petitioner abused her also and stabbed her husband with a knife. It is also alleged that the respondent No.2 tried to hold him back and thereupon the petitioner pulled out her hand and she fell down. The petitioner then kicked on her lower belly while she was on the floor and her shoulder joint got dislocated on account of the alleged attack.

4. Based on the same occurrence, Chevayur police registered a crime against the petitioner as Crime No.1127 of 2016. After investigation, the police filed the final report. The trial court received the final report and numbered the case as C.C.No.970 of 2017 and took cognizance of the offences under Sections 341, 323 and 324 of IPC against the petitioner. This Crl.M.C. has been filed to quash all further proceedings in C.C.No.528 of 2018 on the ground that on the very same set of allegations, a police case is pending against the petitioner.

5. I have heard Sri. E.Narayanan, the learned counsel for the petitioner and Sri.Sangeetha Raj N.R., the learned Public Prosecutor. There is no appearance for the respondent No.2.

6. The learned counsel for the petitioner submitted that the evidence in the complaint case has not been started yet. But the trial in the police case is over and the case stands posted for the examination of the accused under Section 331 of Cr.P.C.

7. Section 210 of Cr.P.C. ( Section 233 of the BNSS)

outlines the procedure to be followed when there is a complaint case and a police investigation in respect of the same offence/incident. A perusal of the said provisions would show that when in a case instituted otherwise than on a police report, i.e. in a complaint case, during the inquiry or trial held by the Magistrate, it appears to the Magistrate that the investigation by the police is in progress concerning 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. Sub-section (2) of Section 210 of Cr.P.C. specifically provides that if a report is made by the investigating police officer under Section 173 of Cr.P.C. (Section 193 of BNSS) 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. Thus, it is incumbent upon the Magistrate under Section 210 (2) of Cr.P.C. ( Section 233 (2) of BNSS) to try together the complaint case and the case arising out of the police report as if both cases were instituted on a police report if a report is made by the investigating police officer under Section 173 of Cr.P.C. (Section 193 of BNSS) and on such report cognizance of any offence is taken by the Magistrate against a