Disposed

Satya Deo Singh v. State of U.P. and Another

Allahabad HC22 Sept 2022A482/11196/2007

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court resolved a conflict between simultaneous complaint and police proceedings. The Court directed the Trial Court to follow the procedure under Section 210 Cr.P.C. regarding the overlapping cases and issued interim protection to the applicant while requiring a surrender and bail application.

What did the court decide?

Directed Trial Court to proceed under Section 210 Cr.P.C.; granted interim protection from coercive action for four weeks for the applicant to surrender and file bail.

Satya Deo Singh Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 11196 of 2007

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Applicant :- Satya Deo Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singhal,P.N.Dubey Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Saurabh Shyam Shamshery,J.

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Learned counsel for applicant submits that complainant has initiated two proceedings simultaneously. One by way of filing NCR wherein an order was passed under Section 155(2) Cr.P.C. and thereafter FIR was lodged and after investigation charge sheet was filed. Secondly, by way of filing criminal complaint wherein after recording statements under Sections 200 and 202 Cr.P.C. by means of impugned order dated 13.04.2007 summons were issued and in these circumstances applicant has approached this Court.

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However, after arguing for some time, learned counsel fairly submits that when there is a complaint case and police investigation in respect of same incident the proceedings can be continued as per procedure prescribed under Section 210 Cr.P.C. For reference Section 210 Cr.P.C. is mentioned hereinafter:

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" 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence -(1)When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subjectmatter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

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(2) 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

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case and the case arising out of the police report as if both the cases were instituted on a police report.

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(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code."

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He further submits that Trial Court may be directed to follow the procedure prescribed under Section 210 Cr.P.C.

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Learned AGA appearing for State has no objection to the aforesaid request.

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In view of above, the application is disposed of with the direction to Trial Court to proceed further in accordance with the procedure prescribed under Section 210 Cr.P.C.

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At this stage, learned counsel also submits that there is an interim order operating in the case and applicant is ready to appear before Trial Court and prayed that some protection may be granted to him.

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Therefore, while disposing of this application a further direction is issued to applicant to surrender before Trial Court and file bail application and Trial Court is directed to decide the same in accordance with law expeditiously. For a period of four weeks from today, no coercive action shall be taken against applicant in pursuance of Complaint Case No. 69 of 2006, under Sections 323, 452, 504, 506, 427, 395, 397 IPC.

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Order Date :- 22.9.2022 AK

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Digitally signed by AWADESH KUMAR Date: 2022.09.23 14:41:36 IST Reason: Location: High Court of Judicature at Allahabad

Satya Deo Singh v. State of U.P. and Another

Case brief

What is this about?

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Satya Deo Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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