Section 210 of CrPC : Section 210: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
CrPC
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Explanation using Example
Example 1:
Scenario: Ramesh files a complaint case against Suresh for theft of his motorcycle.
- Complaint Case: Ramesh directly approaches the Magistrate and files a complaint alleging that Suresh stole his motorcycle.
- Police Investigation: Meanwhile, the police are also investigating the same theft incident based on a separate FIR filed by Ramesh's neighbor who witnessed the theft.
- Magistrate's Action: During the trial of the complaint case, the Magistrate learns that the police are investigating the same theft.
- Stay of Proceedings: The Magistrate decides to stay the proceedings of the complaint case and requests a report from the police officer conducting the investigation.
- Police Report: The police complete their investigation and submit a report under Section 173, naming Suresh as the accused.
- Cognizance by Magistrate: The Magistrate takes cognizance of the offence based on the police report.
- Joint Trial: The Magistrate then decides to try both the complaint case and the case arising out of the police report together, treating them as if both were instituted on a police report.
Example 2:
Scenario: Priya files a complaint case against her neighbor, Anil, for assault.
- Complaint Case: Priya files a complaint with the Magistrate alleging that Anil assaulted her during a neighborhood dispute.
- Police Investigation: Simultaneously, the police are investigating the same assault incident based on an FIR filed by Priya's husband.
- Magistrate's Action: During the inquiry of the complaint case, the Magistrate becomes aware of the ongoing police investigation.
- Stay of Proceedings: The Magistrate stays the proceedings of the complaint case and calls for a report from the investigating p...
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