Procedure to be followed when there is a complaint case and police investigation in respect of same offence
AI Assist
Summary
When, during a complaint case, the Magistrate finds that the police are investigating the same offence, he must stay the inquiry or trial and call for a report from the investigating police officer. If the police file a report and the Magistrate takes cognizance against any person who is an accused in the complaint, he must try the complaint and the police-originated case together as if both began on a police report. If the police report does not concern any accused in the complaint or the Magistrate does not take cognizance, the stayed inquiry or trial is resumed.
Example
Priya files a complaint case against Rohan for theft from her shop. During the inquiry the Magistrate learns the police are investigating the same theft, so he stays the inquiry and asks the investigating officer for a report. The police report names Rohan and the Magistrate takes cognizance, so he tries the complaint and the police-originated case together. If the report had not named Rohan, the stayed inquiry would have continued.
Bare Act
Enacted 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 193 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 Sanhita.
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