CrPC Section 210: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
Code of Criminal Procedure, 1973 · Chapter 16: Commencement of proceedings before Magistrates
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
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 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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 204. Issue of process
- 205. Magistrate may dispense with personal attendance of accused
- 206. Special summons in cases of petty offence
- 207. Supply to the accused of copy of police report and other documents
- 208. Supply of copies of statements and documents to accused in other cases triable by Court of Session
- 209. Commitment of case to Court of Session when offence is triable exclusively by it