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

Summary

Sub-section (1) applies when a Magistrate is holding an inquiry or trial in a complaint case and learns that the police are investigating the same offence. The Magistrate must pause the complaint-case proceedings and ask the police officer conducting the investigation for a report.

Sub-section (2) applies if the investigating police officer makes a report under section 173 and the Magistrate takes cognizance of an offence on that report against someone who is also accused in the complaint case. The Magistrate must then inquire into or try the complaint case and the case arising from the police report together, as if both had been started on police reports.

Sub-section (3) applies if the police report does not concern any accused in the complaint case, or if the Magistrate does not take cognizance of an offence on the police report. The Magistrate must then continue the inquiry or trial that was paused, in accordance with the Code.

Official 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. A.—Form of charges

Sections referred to

• CrPC §173 — Report of police officer on completion of investigation

Related Judgments

• MANHARIBHAI MULJIBHAI KAKADIA & ANR. vs SHAILESHBHAI MOHANBHAI PATEL & ORS — Supreme Court of India (2012)
• SAMAJ PARIVARTAN SAMUDAYA & ORS. vs STATE OF KARNATAKA &ORS — Supreme Court of India (2012)
• PAL @ PALLA vs STATE OF UTTAR PRADESH — Supreme Court of India (2010)
• KAPIL AGARWAL AND OTHERS vs SANJAY SHARMA AND OTHERS — Supreme Court of India (2021)
• Wasif & Ors. vs State & Anr — Delhi High Court (2007)
• Kishor Vishwanath Deshmukh vs JK Helene Curtis Ltd. and another — Bombay High Court (Mumbai Principal Seat) (2017)

Old <-> New Code Mapping

• BNSS §233 — Procedure to be followed when there is a complaint case and police investigation in respect of same offence