All the accused filed an application before the trial Court that both the complaint case and the Challan of the Police should be tried together. The Magistrate rejected this application against which the accused filed a revision before the Additional Sessions Judge, who has referred the case to the High Court.
I think the Magistrate is justified in holding an enquiry separately for two reasons:
First, that the inquiry in the complaint case will be held Under Section 203 of the Cr.PCode, whereas the inquiry in the case challaned by the Police will be held Under Section 207A of the Cr.PCode. The two procedures are different and if both the cases are amalgamated, the question will be under which of the two pncedures the inquiry should be held.
Two, in the event the accused are eventually tried and acquitted, the complainant will have a right of appeal Under Section 417 (3) of the Cr.PCode. Thus it is for good reasons that the inquiry is being held separately.
Madhya Pradesh High Court
Manphool And Ors. vs The State on 25 November, 1959
Equivalent citations: 1960 CriLJ 831,AIR1960MP177, 1960MPLJ312
Bench: A Khan
