Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
AI Assist
Summary
When a complaint case is shown to involve a simultaneous police investigation, the Magistrate must stay the inquiry or trial and ask the investigating officer for a report. If the police files a report under section 173 and the Magistrate takes cognizance against any person who is also an accused in the complaint, the Magistrate will try both matters 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 proceedings are resumed.
Example
Priya files a complaint in the magistrate's court alleging theft by her neighbour. During the inquiry the Magistrate learns the police are also investigating the same theft, so he stays the proceedings and asks for the police report. The police files a report under section 173 naming the neighbour, who is also an accused in Priya's complaint, and the Magistrate tries both matters together. If the report named no one from Priya's complaint, the Magistrate would resume the stayed inquiry.
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 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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