Section Text
and
policeinvestigation in respect of the same offence.
210.Procedure to be followed when there is a complaint case and
police investigation in respect of the same offence. (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
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1 Subs. by Act 45 of 1978, s. 19, for cl. (a) (w.e.f. 18-12-1978).
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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.
CHAP
THE CHARGE