@JUDGMENTTAG-ORDER
Huluvadi G. Ramesh, J.@mdashHeard the counsel for the petitioner and the Addl. Government Pleader. The line of argument of the counsel for the petitioner is that two complaints cannot be maintained for the same offence. According to the learned counsel, on the first complaint filed, police filed charge sheet for the offences punishable under Sections 504, 323, 324, 506 R/W Section 149 of IPC. However, the complainant filed one more complaint i.e., private complaint before the JMFC Court at Afzalpur, which was referred to the police for investigation and report. The police after investigation, filed charge sheet for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 307, 403, 420 r/w Section 149 of IPC. Thus, according to the counsel for the petitioner, filing of second complaint in respect of the same incident and submitting charge sheet after investigation by the police is not permissible. Accordingly, he has argued that second complaint so filed cannot be maintained.
2. It appears, in respect of the first complaint filed, police filed charge sheet for the offences under Sections 504, 323, 324, 506 r/w Section 149 of IPC which are triable by the Magistrate. The complainant being not satisfied with the above said charge sheet, is shown to have filed another complaint before the Magistrate which has been referred to police for investigation. On that basis, the police filed final report for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 307, 403, 420 r/w Section 149 of IPC. It appears the case which was pending before the Magistrate registered for the offences punishable under Sections 504, 323, 324, 506 R/W Section 149 of IPC has been committed to the Sessions Court to be tried along with the case registered for the offences punishable under sections 143, 147, 148, 323, 324, 504, 506, 307, 403, 420 r/w Section 149 of IPC.
3. The objections raised by the learned counsel for the petitioner is that as per procedure once the police investigated and filed a charge sheet, second complaint cannot be entertained on the same transaction and same issue. As such, he sought for quashing of the second charge sheet filed for the major offence u/s 307 of IPC.
4. The learned Government Pleader referring to Section 210 of Cr.P.C. submitted that in such contingency Section 210 of Cr.P.C. is the answer. There is no impediment for filing of the second complaint. But however, the final report filed in the first case and the final report filed in second complaint either before the Magistrate or before the police, both shall be tried simultaneously by the same Court. It is also the submission of the Govt. Pleader that if the subsequent report filed is in respect of a higher offence, then Court has got jurisdiction to try the higher offence also along with the lower offence for which a final report is filed earlier. This is so because, section 210 of Cr.P.C. contemplates such procedure to be followed and case for a smaller offence as well as higher offence be tried by the Court having jurisdiction to try the higher offence.
5. In the case on hand, as submitted by the counsel for the petitioner, now in both the cases charge sheets are filed and both the cases are pending before the Sessions Court for trial.
6. The procedure that would be followed is to try both these charge sheets together as the incident occurred in both the cases is one and the same and both the reports are filed in respect of the same incident.
7. The grievance of the petitioner at this stage is registration of second FIR and filing of final report is bad in law. However, section 210 makes it clear to file such complaints and reports and procedure is contemplated to try both the final reports together. Even the petitioner can seek for discharge u/s 227 of Cr.P.C. in the Sessions Court before which the matter is pending. If the Sessions Court forms an opinion that though the second report is filed for higher offence, it does not make out a case for the offence u/s 307 of IPC as alleged in the subsequent final report and it is only a case of S. 504, 323, 324, 506 R/W Section 149 of IPC, then the petitioner would avail the benefit of the same. Thereafter, as per the first final report filed, the matter reverts back to the Magistrate for trial for the offences under Sections 504, 323, 324, 506 R/W Section 149 of IPC. If the Sessions Court forms an opinion that there is a prima facie case for both the offences as alleged in the first final report and subsequent final report, then ultimately after trial, it will be decided which offence the accused have actually committed and liable for conviction. After trial of both the offences, the trial Court may also form an opinion that for short of evidence the accused would be acquitted in both the cases. Ultimately, this would be the procedure to be followed by the Sessions Judge in the course of inquiry/trial. It is for the Sessions Court to club both the final reports filed and try the case together. Ordered accordingly.
Petition is disposed of.
