Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.413 of 2011 ====================================================== Vijay Kumar S/O Ramesh Prasad R/O Village - Srichandpur, P.S. Harnaut, District - Nalanda .... .... Petitioner Versus 1. The State Of Bihar 2. The Director General Of Police, Bihar At Patna 3. The Superintendent Of Police, Nalanda At Biharsharif 4. The Sub - Divisional Police Officer, Biharsharif, District - Nalanda 5. Gorakh Ram S/O Not Known, The Officer - In - Charge, Scheduled Caste & Schedule Tribes Police - Biharsharif, District - Nalanda 6. Tara Devi D/O Late Sanjiv Kumar R/O Village - Basti ( Srichandpur ), P.S. Harnaut, District - Nalanda .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Mahendra Thakur, Advocate. For the Respondent no.6 : Mr. Binod Prasad Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 08-10-2012 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for respondent no.6. The petitioner has been made an accused in SC and ST P.S.Case No.10 of 2011 dated 05.04.2011 registered under [STATUTE] ., 3(1)(x) of the S.C. & S.T(POA)Act as well as 3 and 4 of the Dowry Prohibition Act. It is contended that relating to the same incident the informant of the aforesaid case had instituted Complaint Case No.724C of the 2010 in the court of learned Chief Judicial Patna High Court CR. WJC No.413 of 2011 (5) dt.08-10-2012 2 Magistrate, Biharsharif (Nalanda). In that case, after conducting enquiry under Section 202 of the Code of Criminal Procedure, the court has already taken cognizance of the offence and summoned the petitioner and other accused persons for appearance by order dated 18.09.2010. In that case some of the accused persons were granted anticipatory bail by the learned Sessions Judge, Biharsharif at Nalanda by order dated 10.02.2011. However, the petitioner was granted anticipatory bail in that case by the learned Sessions Judge, Biharsharif by order dated 03.06.2011. The complainant, subsequently, instituted the aforesaid FIR on 05.04.2011. The petitioner, in the present writ petition, has made a prayer before this Court for quashing the aforesaid FIR. He submits that the present FIR has maliciously been instituted in order to blackmail and harass the petitioner and other accused persons. On the other hand, learned counsel appearing on behalf of respondent no.6 submits that the police case has duly been investigated and supervised by the superior police officers. On conclusion of investigation, the chargesheet has already been submitted. However, he does not deny the fact of institution of a complaint case by the complainant prior to the institution of the FIR in which the court has already taken cognizance of the Patna High Court CR. WJC No.413 of 2011 (5) dt.08-10-2012 3 offence. Learned counsel appearing on behalf of the State submits that in view of the facts of the present case, it would be proper that the petitioner should file an application before the learned Chief Judicial Magistrate concerned under Section 210 of the Code of Criminal Procedure for trying together the complaint case and the police case. Considering the rival submissions, I am also of the view that in case, during pendency of the complaint pending for inquiry or trial, if the police has investigated the case in relation to the same offence and submitted its report under Section 173 of the Code of Criminal Procedure, the petitioner must seek his remedy first in the court below under Section 210 of the Code of Criminal Procedure. At this stage, the learned counsel for the petitioner submits that the petitioner would be put to undue harassment as the accused persons of the complaint case who are already on bail will have to take bail in the police case too. If the accused persons move an appropriate application for bail in the police case, the learned Chief Judicial Magistrate, Biharsharif at Nalanda before whom the matter is pending will keep this fact in mind that the accused persons have already been granted anticipatory bail in Patna High Court CR. WJC No.413 of 2011 (5) dt.08-10-2012 4 the complaint case mentioned above while disposing of their bail application. With these observations, the writ petition is disposed of. The order may be communicated to the learned Chief Judicial Magistrate, Biharsharif at Nalanda in SC/ST Case No.10 of 2011 through fax at the cost of the petitioner. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.