IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25370 of 2007 RAM EKBAL SINGH s/o Late Girdharilal Singh, resident of Mohalla Mehta Colony, G.T. Road Sasaram, P.S. Sasaram Town, District Rohtas. Versus 1.STATE OF BIHAR 2.Sri Bhagwan Singh S/O Ram Sundar Singh, resident of Mohalla Fazalganj, p.S. Sasaram Town, District Rohtas. ----------- 3 5/2/2010 Heard counsel for the petitioner and counsel for the State. Despite service of notice on opposite party no.2 no one has appeared. Counsel for the petitioner, while impugning the entire criminal prosecution of Sasaram Town P.S. Case No.402 of 2006 wherein cognizance upon submission of the charge sheet has been taken for offence under Section 406 of Indian Penal Code submits that for the same offence a complaint case had been filed earlier wherein cognizance had already been taken on 31.8.2006 in Complaint Case No. 32 of 2006 (T.R. No.2314/2006). He, therefore, submits that both the cases cannot continue and as such proceedings of the police case should be quashed. In the opinion of this Court the position in law is otherwise. Section 210 of the Code of Criminal Procedure in this respect reads as follows:- “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 2 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 rising 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." That being so, the petitioner therefore is only required to bring this fact to the notice of the Court in seisin with the aforesaid complaint case, who now after making verification of the facts as mentioned above would stay the proceedings of the aforesaid complaint case till continuance of the police case. With the aforesaid observations, this application being misconceived, is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)