CrPC 210 — Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

Code of Criminal Procedure, 1973

Statutory text

(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
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.

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