Legal provisions regarding procedure to be followed when there is a complaint case and police investigation in respect of the same offence under section 210 of the Code of Criminal Procedure, 1973.
(1) When in a case instituted otherwise than on a police report or a complaint report, 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.
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(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 complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
The object of Section 210 of the Code is to secure that private complaints do not interfere with the course of justice as it sometimes happens that when a session case is under investigation by the police, some of the persons concerned file a complaint and try to get an order of acquittal by collusion, etc. whereupon the investigation of the case becomes in fructuous leading to miscarriage of justice in some cases.
In order to attract Section 210 of the Code, there must be a complaint case pending inquiry or trial. During the course of such inquiry or trial in the complaint case, it must be made to appear to the Magistrate 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 in the complaint case. It is under these circumstances that the Magistrate has to stay the proceedings in the inquiry or trial and call for a report from the police officer conducting the investigation.