Decided On 09.05.2025 vs State Of Himachal Pradesh & Others
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Himachal Pradesh High Court

Decided On 09.05.2025 vs State Of Himachal Pradesh & Others on 9 May, 2025

2025:HHC:13456

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 1236 of 2024 Decided on 09.05.2025.

Satish Kumar & others ....Petitioners Versus State of Himachal Pradesh & others ...Respondents

Coram Hon'ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No

For the petitioners : Mr. Hamender Singh Chandel, Advocate

For the respondents : Mr. Lokender Kutlehria, Additional Advocate General, for respondent No.1/State.

Mr. Divya Raj Singh, Advocate, for respondent No.2.

Rakesh Kainthla,Judge(Oral)

A perusal of record shows that an incident dated

06.06.2023 was reported to the police and the police registered an

F.I.R. No. 90 of 2023, dated 07.06.2023, for the commission of

offences punishable under Sections 341, 323, 504 read with Section 34

of Indian Penal Code (IPC) at Police Station Ghumarwin, District

Bilaspur, H.P. The police filed a charge-sheet for the commission of

offences punishable under Sections 323, 341, 355, 504 read with

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Section 34 of IPC before the Gram Panchayat Seu, Block Development

Ghumarwin, District Bilaspur, H.P. after completion of the

investigation.

2. Subsequently, the victim filed a complaint before the

learned Chief Judicial Magistrate Bilaspur, District

Bilaspur,H.P.,regarding the same incident, who assigned it to the

learned Judicial Magistrate, First Class, Court No.2, Ghumarwin,

District Bilaspur, H.P., for trial. It was asserted in para 5 to 7 of the

complaint that an F.I.R. No. 90 of 2023 dated 07.06.2023, was

registered for the commission of offences punishable under Sections

341, 323, 504 read with Section 34 of IPC at Police Station Ghumarwin,

District Bilaspur, H.P., but the informant was not satisfied with the

investigation conducted by the police and the submission of the

charge-sheet before the aforesaid Gram Panchayat. Learned

Magistrate took cognisance after recording the statements of four

witnesses and thereafter ordered the issuance of process vide order

dated 21.08.2024.

3. Aggrieved, the petitioner has approached this Court. Two

submissions have been raised on behalf of the petitioner, (i) that the

informant had earlier filed an application under Section 410 of

Cr.P.C.in which identical pleas were taken as were taken in the

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complaint. This application was unconditionally withdrawn vide order

dated 16.05.2024. Since the application was withdrawn

unconditionally, therefore, the complaint could not have been filed.

(ii) The continuation of the proceedings before two Courts, namely

learned Judicial Magistrate First Class, Court No.2, Ghumarwin,

District Bilaspur, H.P. and the Gram Panchayat Seu, Block

Development Ghumarwin, District Bilaspur, H.P.,is a violation of

Article 20 of the Constitution of India.

4. A similar situation arose before this Court in Wattan Singh

vs. Joginder Singh & Ors. 2005 (1), ShimLC 82, wherein a complaint was

made before the learned Additional Chief Judicial Magistrate, Amb,

District Una, H.P. and to the police. The police submitted a charge

sheet before the concerned Gram Panchayat for its disposal as per

law.It was held by this Court that as per Section 210 of Cr.PC., the

learned Magistrate has to call for a report from the police officer in the

matter and thereafter try the complaint and police challan together as

if it were instituted on a police report. It was observed:-

"5. There cannot be any dispute about the correctness of the conclusion arrived by the trial Magistrate that, in view of the police charge-sheet and the complaint arising out of the same occurrence, and based on the similar allegations, these should be dealt with under the provisions of Section 210 of the Code.

6. Section 210 of the Code reads as under :

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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 take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code."

7. It is clear on a bare reading of the aforesaid provisions that when a complaint is filed and it appears to the Magistrate during the inquiry or trial of such complaint that the police has also investigated the same offence, the Magistrate has to stay the complaint case and call for a report from the police officer in the matter. In case there is a report by the police, both the complaint and the case arising out of the police report are required to be tried together. Once the Magistrate decides to try the complaint and the police case together, he has to try them as a case instituted on a police report.

8. Therefore, the trial Magistrate, having rightly decided to proceed in the matter as provided under Section 210 of the Code, was to inquire into and try the complaint case and the case as reported by the police as if both the cases were instituted on a police report."