IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47173 of 2007 1. PRADEEP NARAYAN SINGH @ PRADUMAN SINGH son of Sri Jagdish Singh 2. Arun Kumar Singh @ Arun Singh 3. Ranjeet Kumar Singh @ Buchan Singh both sons of Sri Pradeep Narayan Singh @ Praduman Singh 4. Kiran Devi daughter of Pradeep Narayan Singh @ Praduman Singh all resident of village Parsarma, P.S. & District Supaul. Versus 1. STATE OF BIHAR 2. Malti Devi wife of Laxmi Singh resident of village Parsarma, P.s. & District Supaul. ----------- 3 09/02/2009 Heard learned counsel for the petitioners, for the State and for Opposite Party No. 2. The petitioners are aggrieved by the order of cognizance dated 9.10.2003 under sections 323, 341, 379/34 of the Indian Penal Code in Complaint Case No. 510 (C) of 1998 of the Judicial Magistrate, Ist Class, Supaul as also the order of the revisional court dated 19.6.2007 declining interference with the same. Learned counsel for the petitioners submits that initially on 3.11.1998 the husband of Opposite Party No. 2 filed a police case under sections 323, 379, 341, 447/34 of the Indian Penal Code for an alleged occurrence at 8.30 A.M. On 5.11.1998 opposite party no. 2 filed the present complaint case leading to the order of cognizance as aforesaid. In this complaint also the date of occurrence was 3.11.1998 at 8.30 A.M. That there could not be both the first information report and the complaint in regard to the same occurrence. The genesis of the dispute was a land dispute between the parties and pendency of Title Suit No. 72 of 1997. Learned counsel for opposite party no. 2 submitted that the - 2 - order of the revisional court requires no interference as it was basically on the inaction of the police that the revisional court directed the matter to be considered appropriately in the light of the provisions of section 210 of the Code of Criminal Procedure. It appears that earlier the Magistrate on 19.5.2004 ordered stay of further proceedings in the complaint case on account of the first information report lodged by the husband of opposite party no. 2. Criminal Revision no. 79 of 2004 was preferred against the same by opposite party no. 2 leading to the impugned order. Section 210(1) of the Code of Criminal Procedure adequately emphasises that if in a complaint case during inquiry or trial it appears to the Magistrate that an investigation by the police is in progress in relation to the offence which is the subject matter of inquiry or trial, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report from the police conducting the investigation. That the investigation in Supaul P.S. Case No. 351 of 1998 lodged by the husband of opposite party no. 2 was completed and final form submitted which was not accepted is hardly of any relevance in view of the admitted position that the police investigation is still pending, now over ten years later. This Court finds substance in the submission on behalf of opposite party no. 2 that the revisional court has only remanded the matter to the Magistrate for appropriate consideration in the light of long pendency of the police investigation which could not render a complaint case nugatory. - 3 - If the police decides to become inact and go into hibernation with the records and prevent from such duties, the Magistrate is not supposed to fall in line of the police and also go into hibernation. Section 210(1) of the Code of Criminal Procedure will have to be read reasonably and not in the manner so as to frustrate the very purpose for which the statutory prohibition was incorporated. To read it liberally shall mean that if the police will not investigate, the Magistrate cannot do any thing in the matter. The police retains the upper hand but it cannot forestall the prosecution. This Court refuses to arrive at such conclusion. Thus, there is no reason to interfere with the order of the revisional court. After the order was dictated up to this stage, learned counsel for the petitioners sought leave to withdraw this application. This application is dismissed as withdrawn. (Navin Sinha, J.) AMIN