Code of Criminal Procedure, 1973–Secs. 210, 156(3) & 154–Plea up to effect that the private respondent-complainant has filed an application u/s. 156(3) Cr.P.C., which is pending before the Magistrate, therefore, the FIR lodged with the police station is not maintainable–Declined to accept the plea because the Cr.P.C. permits such an eventuality of a complaint case and enquiry or trial by the Magistrate in a complaint case and an investigation by the police pursuant to FIR.
