The petitioners herein are the accused Nos.2 and 3 in C.C No.75 of 2010 of the Judicial First Class Magistrate Court-I, Pala. Pending the proceedings, the de facto complainant filed another complaint incorporating more sections, as permitted by this Court as per the order in Crl.M.C.3547 of 2011. When the complainant brought such a complaint, the learned Magistrate stopped trial in C.C No.75 of 2010, which was midway at that time. The said order passed by the learned Magistrate stopping trial in C.C No.75 of 2010 is under challenge in this proceeding. Now the learned Magistrate has submitted report that on the second complaint brought by the de facto complainant, the court has already taken cognizance as C.C No.214 of 2012 under Sections 365, 341, 342 and 506 (ii) of Indian Penal Code against the three accused. The said case now stands posted for pre-charge evidence under Section 244 of the Code of Criminal Procedure. There is no doubt that the Crl.M.C No.4585 of 2014 2 learned Magistrate can now proceed for trial in C.C No.75 of 2010. Now there is no reason to set aside the order passed by the learned Magistrate because trial in C.C No.75 of 2010 can proceed simultaneously with C.C No.214 of 2012. In the above circumstances, orders as sought by the petitioners are not required. However, the trial court can be directed to expedite trial in the two cases simultaneously. In the result, this Crl.M.C is closed with direction to the learned Magistrate to proceed with the trial of C.C No.75 of 2010 and C.C No.214 of 2014 and to dispose of the two cases as expeditiously as possible, as required under the law.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge