Having considered the submission and on perusal of the record the Court finds that for the same offence the present Complaint Case No. 2233 of 2011 was instituted and approximately after a month the police case was also instituted by the complainant vide Gopalganj PS Case No. 317 of 2011, so for the same offence the complainant has chosen two forums i.e. the complaint and the police case. In such situation the procedure required to be adopted by the trial court is prescribed in Section 210 Cr.P.C. which states that when a complaint is instituted and it is brought to the notice of the Magistrate during course of enquiry or trial of the said complaint that an investigation by the police is also in progress in relation to the same offence, which is subject matter of enquiry or trial in the complaint, then the Magistrate is required to stay the proceeding of such enquiry or trial and to call for a report of the same from the Police Officer conducting the investigation, thereafter on receipt of the report proceed further in view of proviso (2) or (3) of Section 210 Cr.P.C. If on a report by the Police Officer under Section 173 Cr.P.C. cognizance of the offence is taken by the Magistrate against the
