THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12036 of 2011 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.963 of 2011 on the file of the III Additional Chief Metropolitan Magistrate Court, Hyderabad, initiated under Sections 120-B, 342, 347, 385, 386 and 387 IPC. The facts of the case are as follows: Against the present petitioners already a case was registered for the same set of facts in Crime No.1246 of 2009, which is pending investigation. The defacto-complainant again preferred a complaint before the trial court by invoking the provisions under Section 200 Cr.P.C, for the same set of facts without revealing the fact that a crime has already been registered and the same is under investigation. The learned Magistrate on the basis of the complaint filed under Section 200 Cr.P.C, took cognizance and numbered the case as C.C.No.963 of 2011 and proceeded further. The learned counsel for the petitioners aggrieved over the same preferred this criminal petition challenging the proceedings in C.C.No.963 of 2011 which is pending on the file of the III Additional Chief Metropolitan Magistrate Court, Hyderabad. This Court perused the record and heard the arguments. When on the same set of facts, a case is registered by the police and the same is under investigation and if a complaint is filed invoking the provision under Section 200 Cr.P.C, if the learned Magistrate took cognizance of the same, he should have stayed the further proceedings by invoking the provision under Section 210 Cr.P.C and await for the outcome of the investigation by the police. If any charge sheet is filed by the police in the said Crime No.1246 of 2009, or after filing of the charge sheet, the learned Magistrate to proceed in both the cases and dispose of the same. Hence, in the present case, the learned III Additional Chief Metropolitan Magistrate, Hyderabad, is directed to stay the proceedings in C.C.No.963 of 2011 and await for the report in the Crime No.1246 of 2009 and proceed after the charge sheet is filed in the said crime, together. With the above direction, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. _________________ RAJA ELANGO,J Date:25.11.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12036 of 2011 Date: 25.11.2011. Gk.