HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8531 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. 2. This application has been filed seeking the following main prayer. "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire proceeding of Case (CIS) No. 12095/2023, Case No. 1341 of 2023 State versus Fareed and others arising out of N.C.R. No. 309/2021 relating to Police Station-Kotwali Dehat, District-Gonda pending in the court of Learned Judicial Magistrate-I, Gonda including the impugned charge-sheet submitted by the investigating officer against the petitioners and the impugned undated summoning order passed by Learned Judicial Magistrate-1, Gonda summoning the petitioners under Sections-323, 504 IPC as contained in Annexure No. 1 & 2 respectively to this petition." 3. Learned counsel for the applicants submits that for one and same incident, two proceedings are going on; first is on the basis of NCR, in which, charge sheet was submitted by the Investigating Officer after conducting investigation with the permission of concerned court, and another proceeding is on the basis of complaint filed by the complainant of the present case under Section 155(2) Cr.P.C. Submission of the learned counsel for the applicants is that two proceedings cannot run together for one incident. It is, thus, submitted that the indulgence of this Court is necessary. Versus Counsel for Applicant(s) : Pankaj Verma Counsel for Opposite Party(s) : G.A. Fareed And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that Section 210 Cr.P.C. (Section 233 B.N.S.S.) clearly provides the mechanism for dealing the situation when there is a complaint case and police investigation in respect of the same offence, are going on. It is, thus, submitted that there is no illegality in the impugned proceedings and applicants may file appropriate application before the competent court for clubbing both the proceedings under Sections 233 B.N.S.S. (210 Cr.P.C.). 5. Considering the arguments advanced by the learned counsel for the applicants, learned A.G.A. and going through the contents of the application as well as other relevant documents, it is well settled that, in case, any complaint is filed and cognizance has been taken thereon, and later on, for the same offence, on the basis of police investigation, charge sheet has been submitted, then both the proceedings must be clubbed and tried together, as provided in the provisions of 210 Cr.P.C. (233 B.N.S.S.). 6. In view of above, the application stands disposed of with the liberty to the applicants to move appropriate application before the competent court and, in case, any such application is moved, it is expected from the court concerned to consider and decide the same within a period of one month from the date of moving of such application. October 13, 2025 VKS A482 No. 8531 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench