Describe the procedure to be followed when there is a complaint case and police investigation in respect of the same offence.

Question: Describe the procedure to be followed when there is a complaint case and police investigation in respect of the same offence.

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Answer

Section 210 of the Code of Criminal Procedure lays down the Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. The provision runs as under:

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 with 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.

Where a private complaint is filed and the Magistrate receives information that the Police is also investigating the same case, he shall stay the proceedings before him (whether it is at the stage of inquiry or trial) and call for the report of the police officer. He may then deal with the private complaint and the case which arises out of the police report together. The new section is intended to guard against obtaining snap judgments and collusion.

Where a private complaint was referred to the police for investigation and on receiving a report from the police, the Court examined the complainant and asked him to produce his witness, it was held in Jagdish Ram v. State of Rajasthan, 1989 Cr LJ 745 (Raj) that no procedural infirmity was committed.

The trial of a complaint could not be said to be in contravention of section 210 merely because a report was made at a police outpost. Where cognizance of an offence was taken on a police report, but subsequently on the basis of a private complaint, the Court added names of accused persons, which were not mentioned in the police report, it was held in Geerarghese v. Philipose, 1987 Cr LJ 1605 (Ker) that the procedure was not wrong.

While considering the effect of Section 210, the Delhi High Court has observed in State v. Har Namin [1976 Cri LJ 562, 564 (Del)]:

“One of the ingredients of sub-section (1) is that the offence inquired into or tried by the Magistrate in the complaint case should also be under police investigation. The word ‘offence’ has been defined in Section 2(n) as ‘any act or omission made punishable by any law for the time being in force… In other words, it is the act or omission which has to be common. As long as the facts under investigation by the police include the facts mentioned in the complaint case, then it will make no difference if the police come to the conclusion that offence was not mentioned in the complaint has been committed by the accused.”

Once the criteria laid down in sub-section (1) are satisfied then if the Magistrate takes cognizance of any offence against “any person who is an accused in the complaint case” on the basis of the police report, it is the duty of the Magistrate under sub-section (2) to try the two cases together as if they were instituted on a police report.

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