Bhupendra Singh and Others vs Mandeep Kour and Another

L. Rath, J.—The only grievance urged by the learned counsel for the petitioners is non-compliance with the provisions of Section 210. Cr PC. The petitioners are accused in complaint case, ICC Case No. 7/90 at the instance of the wife of the petitioner No. 1 in the Court of the S.D.J M. Bhawanipatna. After cognizance had been taken in the complaint case and the petitioners have appeared and gone on bail, a letter was received by the learned S DJ M. from the Officer-in-charge, Town P.S. ;Bhawanipatna to stay the complaint case as the very matter was under investigation by him in G. R. Case No. 68 of 1990. On the next day (20-2-1990) the Officer-in-charge appeared in the Court and stated that he had no bad intention to request the Court for stay of the complaint case. The learned Magistrate passed orders warning him not to repeat again. Mr. Sahu, the learned counsel appearing for the petitioners submits that the Court was under a bounden duty to stay the complaint case till the investigation was completed in the G. R. Case and the matter was intimated to the Court.

Undoubtedly the learned Magistrate took the correct stand so far as the letter from the Officer-in-charge was concerned. No police officer and for that matter nobody is entitled to make a correspondence with the Court regarding judicial matters and it is high time that police officers becomes aware of the fact The warning as such was well- administered. But the learned Magistrate was also under an obligation to comply with the provisions of Section 210, Cr PC as once it was made known to him that the police was investigating into the very same matter, it was incumbent on his part to stay the proceeding in the complaint case as is required under the mandatory provisions of Section 210, Cr PC. The law on the question has been elaborately dealt with in (1993) 6 OCR 438 (Santosh Kumar Sahu v. M. Prakash Rao Dora and Ors.). In that view of the matter, this petition is disposed of with the direction that the petitioners may file an application before the learned Magistrate invoking the provisions of Section 210, Cr PC and that the learned Magistrate shall thereafter deal with the matter in accordance with law.