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IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION

CRIMINAL  APPEAL NO. 762   2008 (Arising out of SLP(Crl.) No. 4955/2007)

SATISH SURYAVANSHI AND ORS. ... APPELLANT(S) :VERSUS:

STATE OF M.P. AND ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

Appellants are before us aggrieved by and dissatisfied with the judgment

and order dated 8.8.2007 passed by the Jabalpur Bench of the Madhya Pradesh High

Court  whereby and whereunder the  application  filed  by the  appellants  herein  for

quashing the First Information Report dated 30.7.2005 lodged by respondent No.2 at

Mahila  Police  Station,  Gwalior,  has  been  dismissed,  except  in  respect  of  one  Dr.

Yogesh.

Appellants  contend that in  relation to an almost identical  matter,  a  First

Information  Report  was  logged  at  Nagpur  on  19.3.2005.  The  trial  is  pending  in

connection therewith before the VIII Additional Chief Judicial Magistrate, Nagpur in

Crime Case No. 175/2006. However, another case was filed by the said respondent

before the Gwalior Police Station FIR No. 94/05. It appears some other proceedings

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are also pending between the parties.  

The impugned order has been passed by the High Court on the premise that

the  charges  involved  in  the  Gwalior  matter  are  different  from  the  one  which  is

pending at Nagpur.   

Mr. M.N. Rao, learned senior counsel appearing on behalf of the appellants

would submit that the High Court has committed a serious error in so far as it failed

to take into consideration that even in relation to the incident purported to have taken

place at Gwalior, the second respondent made an additional statement in Nagpur case

also on 15.11.2005.

Learned counsel for the State as also the learned counsel appearing on behalf

of  respondent No.2,  however, contended that the cases pending before the Nagpur

Court and the Gwalior Court are different.

We  are  not  concerned  with  the  correctness  or  otherwise  of  the

contents/allegations  of  the  First  Information  Report  bearing  No.94/2005  or  the

additional complaint connected therewith lodged on 15.11.1005 as also the purported

second FIR being No. 29/2005 made with the Women Cell at Gwalior. Whereas FIR

bearing No. 94/2005 was lodged in respect of an offence under Sections 498-A and 506

read with Section 34 of the IPC, it appears that an additional statement was made

purporting to disclose an offence under Sections 498-A and 323 read with Section 34

of IPC.  The First Information Report related to the offence under Sections 498, 506

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read with Section 334 of the IPC.  

As the matter arising out of the First Information Report dated 19.3.2005 as

also an additional complaint dated 15.11.2005 is already pending trial in the Court of

VIII Additional Chief Judicial Magistrate, Nagpur, we are of the opinion that interest

of  justice  would  be  subserved  if  the  aforementioned  case  arising  out  of  FIR

No.94/2005 is transferred to Nagpur, so that both the matters could be consolidated

and heard together. It is directed accordingly.

It goes without saying that if any additional charge-sheet is filed under any

other provision of the Code, the same shall also be taken into consideration by the

Trial Court. The Investigating Agency is directed to submit the charge-sheet in FIR

No. 94/2005 as expeditiously as possible, preferably within a period of 30 days from

the date of communication of this order.  

The appeal is allowed with the aforementioned observation and direction.  

..........................J (S.B. SINHA)

..........................J   (LOKESHWAR SINGH PANTA)    NEW DELHI, APRIL 28, 2008.