CRR No.3041 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3041 of 2010 Date of decision: 14.01.2011 Gurdeep Singh and another ....Petitioners Versus State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Abhinav Oberoi, Advocate, for the petitioners. Ms. Bhavna Gupta, DAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present present petition is filed challenging the order dated 11.11.2010 passed by Additional Sessions Judge, Ropar, whereby application moved by the petitioner under Section 210 Cr.P.C. was rejected. Perusal of the record reveals that FIR 67 dated 11.6.2006 under Sections 376, 452 read with Section 34 of the Indian Penal Code at Police Station Kurali was registered against the petitioners. Police conducted investigation and thereafter filed final report stating therein that after the investigation petitioners are not found involved in the alleged offence. Meanwhile, complainant has filed private complaint before the Magistrate. Learned Magistrate having recorded statements of the witnesses under Section 202 Cr.P.C. as well as of the complainant under Section 200 Cr.P.C. and having perused the entire material was CRR No.3041 of 2010 -2- pleased to summon the accused. Accused were summoned and thereafter Magistrate has committed the trial to the Sessions Court. In the Sessions Court charges have already been framed against the petitioners/accused. Thereafter, petitioners/accused moved present application for staying of the trial saying till decision is taken by the Magistrate on the final report submitted by the police under Section 173 Cr.P.C. or alternatively sessions trial be clubbed with the proceedings pending before the Magistrate on the final report submitted by the police under Section 173 Cr.P.C., which was rejected by the learned Sessions Judge. In the opinion of this Court session trial pursuant to summoning of the accused in a private complaint should not be stayed waiting decision on the final report by the police before the Magistrate. Moreover, session trial should not be clubbed with the proceedings on the final report submitted by the police. I find no illegality in the order passed by the learned Sessions Judge. Dismissed. (Alok Singh) Judge January 14, 2011 R.S.