Kailash Chand vs Narinder Kumar

R.L. Anand, J.

Vide order dated 10th April, 1996, passed in Crl. M. No. 21083/M of 1995, His Lordship has been pleased to pass the following orders :

"With regard to one occurrence, the petitioner is facing trial before the learned Judicial Magistrate 1st Class, Kurukshetra, on the challan filed by the police and on a private complaint filed by the complainant against the petitioner. In such cases it is imperative upon the Magistrate within the terminology of section 210(2) of the Code of Criminal Procedure that if a report is made by the Investigating Officer under Section 173 of the Code of Criminal Procedure 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 police report.

In the case in hand it is admitted by the prosecution that the petitioner is placed in the similar situation and the Magistrate should have bracketed these cases together for a joint trial which he has not done. Hence both the cases are directed to be bracketed together and one trial be conducted against the accused as if he is facing trial on the report of the police. The complaint shall constitute a part of the police case and Annexure P/1 shall not be proceeded separately."

A persual of the above order would show that the private complaint has been merged in the police report. The only difficulty which is being experienced by the complainant is that at one stage the police told that the complaint has been cancelled and submitted the cancellation report thereof in the year 1993 before the Ilaqa Magistrate but according to the complainant the said cancellation report is not traceable. It has also been brought to the notice of this Court that the private complaint is pending in different Court other than the Court of Ilaqa Magistrate. In view of the order dated 10th April, 1996, the private complaint pending in the Court of learned Judicial Magistrate 1st Class, Kurukshetra, stands transferred to the Court of learned Ilaqa Magistrate, who is directed to trace out the cancellation report, if already submitted by the police. If for any reason the said report is not traceable, the learned Magistrate will give the directions to the police/S.H.O. to submit another report under Section 173 Cr.P.C. in order to proceed further with the matter. In case the police does not want to prosecute the petitioner in pursuance to the cancellation report, the learned Ilaqa Magistrate shall proceed further only after giving notice to the complainant, who shall be at liberty to convince the learned Ilaqa Magistrate that a case for cancellation of the complaint is not made out. The entire exercise should be done by the learned Ilaqa Magistrate within three months from the receipt of copy of this order.

Till then the operation of Annexure P.3 shall stand suspended.

This petition stands disposed of.