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TMI Blog2017 (7) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of Section 210 Cr.P.C. has no application. It is stated that charge-sheet in the case instituted on police report has already been submitted, therefore, no investigation by the police was in progress in relation to the said offence at the point of time. The Court after discussing the law held that the police has already submitted the final report under Section 173 Cr.P.C. before learned Additional Chief Judicial Magistrate, Nawanshahr on 15.12.2014. Though, the case was committed on 30.04.2015, the complaint was filed on 04.12.2014. At the time of filing the complaint, no investigation was pending before the police. Thus, the provisions of Section 210 Cr.P.C. are not applicable in the present case. The learned trial Court has correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation 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 subject-matter 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. (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at these FDRs had been seized by the Enforcement Directorate on 05.09.2014 in FIR No.131 dated 13.09.2014, registered under Sections 420, 177, 191, 206, 207 and 120-B IPC. It is also mentioned in the impugned order that challan was initially submitted before learned Additional Chief Judicial Magistrate Nawanshahr who vide order dated 30.04.2015 committed the case to the Court of Session for trial. It is also clear from the impugned order that the complaint as well as challan case are pending before the Court. The record also shows that the complainant has launched the prosecution against the accused under Section 45 (1) read with Section 4 of the Prevention of Money Laundering Act 2002 and submitted the complaint to the Court on 04.12.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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