Procedure to be followed when there is a complaint case and police investigation in respect of the same offence :
Section – 210. (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 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.
COMMENTS
Object of the new section– Sometimes when a serious case is under investigation by the police, some of the persons concerned file a complaint and quickly get an order or acquittal either by collusion or otherwise. Thereupon the investigation of the case becomes infructous leading to miscarriage of justice in some cases. To avoid this, the Joint Committee inserted this new section to provide that where a complaint is filed and the Magistrate has information that the police is also investigating the same offence, the Magistrate shall stay the complaint case. If the police report is received in the case, the Magistrate should try together the complaint case and the case arising out to the police report. But if no such report is received, the Magistrate would be free to dispose of the complaint case. This new section is intended to secure that private complainants do not interfere with the course of justice.