HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.8487 of 2008 ORDER: This criminal petition is filed under section 482 Cr.P.C. seeking direction to the learned IX Additional Chief Metropolitan Magistrate, Hyderabad to proceed with the trial in CC Nos.512 of 2001 and 1049 of 2003 together in accordance with the provisions under section 210 (2) Cr.P.C. 2. Heard both sides. 3. It is not disputed that the petitioner herein filed a private complaint against the respondents alleging offences under sections 34, 120(b), 403, 405, 408 read with sections 416, 417, 418 and 420 IPC and the same was referred to the police under section 156(3) Cr.P.C. and thereupon the police registered a case in Cr.No.160 of 2000 and took up investigation. As the police are said to have not filed any report for a long time, the complainant filed another private complaint in CC No.1049 of 2003 against the respondents for the same offences. Subsequently, the police field charge sheet in Cr.No.160 of 2000 and the same was taken cognizance in CC No.512 of 2001. Thus, both cases, one based on the private complaint and the other based on the police complaint are filed before the same Court. Earlier, this Court by order dated 24.09.2004 in Crl.P.No.215 of 2004 while refusing to quash proceedings in CC No.1049 of 2003 against A.3, expressed hope that the learned Magistrate would take note of the procedure prescribed under section 210(2) Cr.P.C. for trying both cases. It is stated that in spite of the above observation, the learned Magistrate is proceeding with the matters separately and not in accordance with Section 210(2) Cr.P.C. 4. Section 210(2) Cr.P.C. reads as follows: “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 public report”. 5. The learned Magistrate, is therefore directed to follow the procedure prescribed under section 210 (2) Cr.P.C. while dealing with the two cases, one in CC No.512 of 2001 and another in CC No.1049 of 2003. 6. In the result, the criminal petition is ordered accordingly. __________________ G.V.SEETHAPATHY, J Date: 15.12.2011 bss