CrPC Section 210 - Procedure To Be Followed When There Is A Complaint Case And Police Investigation In Respect Of The Same Offence

Section 210 of the Code of Criminal Procedure (CrPC), 1973, addresses situations where a complaint case and a police investigation overlap concerning the same offense. It establishes a procedure to avoid judicial duplication and ensure fair trial proceedings. By harmonizing complaint cases with police investigations, Section 210 upholds judicial efficiency, prevents harassment of the accused, and ensures justice is served without conflicting outcomes.

Legal Provision

Section 210 of CrPC ‘Procedure To Be Followed When There Is A Complaint Case And Police Investigation In Respect Of The Same Offence’ states

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 enquiry 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.

Understanding CrPC Section 210

Section 210 of CrPC provides for the following:

Subsection (1): Staying Of Proceedings And Calling For Report

This Section applies when:

• A complaint has been filed that has initiated the case (not through a police report).
• At the inquiry or trial stage of the complaint case, the Magistrate came to know that there is a police investigation on the same offence.

At this point, the Magistrate has to:

• Stay the proceedings on the complaint case.
• Call the report from the investigating police under Section 173 of CrPC.

Subsection (2): Joint Inquiry Or Trial

After receiving the report from the police, the Magistrate may proceed as follows:

• If the police report involves any person who is also an accused in the complaint case, the Magistrate merges the complaint case and the police report case for a joint inquiry or trial.
• This merger is considered as if both cases have been instituted on a police report, ensuring procedural uniformity.

Subsection (3): Independent Continuation Of Complaint Case

Where the police report:

• Does not name any accused mentioned in the complaint case, or
• If the Magistrate decides not to take cognizance of the offence(s) mentioned in the police report,

Then the Magistrate proceeds to conduct the trial or inquiry of the complaint case which had been stayed earlier.

Case Laws

A few case laws based on Section 210 of CrPC are:

State Of Bihar vs. Murad Ali Khan, Farukh Salauddin & Ors. (1988)

The Supreme Court held the following:

• When a Magistrate takes cognizance of an offence reported through a complaint rather than a police report, and a police investigation into the same offence is ongoing, the two cases remain distinct.
• The purpose of Section 210 is to avoid the problem that may be created from hearing the same offence multiple times.

Pal @ Palla vs. State Of Uttar Pradesh (2010)

The Court held that although Section 210 of CrPC allows a Magistrate to try two cases arising from a police report and a private complaint together, this only applies when the accused in both cases are the same. This provision is to apply when a person has been an accused in a complaint case and later becomes an accused in another case through police investigation of the same offence.

Zee News Ltd. vs. State & Anr. (2016)

The Court ruled that Section 210 of CrPC applies to proceedings instituted on a private complaint and can be invoked when the proceedings before the magistrate have reached the "inquiry" or "trial" stage. The Court clarified that "inquiry", as defined by Section 2(g) of the CrPC, is different from a "trial", and is carried out by the magistrate or court. The Court stated that the process of the Magistrate examining the complainant and witnesses under oath initiates and constitutes an "inquiry". The Court held that Section 210 CrPC does not specify who can bring information to the Magistrate's notice about the pendency of the police investigation relating to the same offense.

Mohammad Ayub Rizvi And Others vs. Smt. Salma Khan And Anr (2023)

The Court held that the procedure under Section 210 is explicit. If a case is initiated without a police report, and the Magistrate becomes aware of an ongoing police investigation related to the subject matter of the inquiry or trial, they are obligated to stay the proceedings and request a report from the investigating police officer.

Purpose And Legislative Intent

Section 210 is founded on the principle of judicial efficiency and fairness, seeking to:

• Avoid duplication of judicial processes by preventing simultaneous proceedings on the same offence.
• Harmonize police and private complaint procedures to ensure that judicial outcomes are consistent.
• Prevent harassment of the accused by repetitive investigations or trials.
• Maintain the integrity of the legal process through avoiding contradictory findings from parallel proceedings.

Procedural Implications

Section 210 has following implications:

• For the Magistrate: Overlapping cases should be identified, and the court should ensure that the Section 210 is complied with.
• For the Police: Timely submission of the Section 173 report is crucial for the Magistrate to decide the course of action.
• For the Complainant: Section 210 ensures their right to seek justice, even if the police investigation does not find merit in their complaint.
• For the Accused: It prevents double jeopardy and ensures that they are not subjected to parallel proceedings for the same offense.

Challenges And Criticism

• Delay in Proceedings: Staying the complaint case till the police report arrives can delay justice.
• Subjective Application: Determining whether the offences in the complaint case and police report are the same can sometimes be contentious.
• Misuse of the Provision: The complainant as well as accused can misuse the provision to delay the proceeding.

Conclusion

CrPC Section 210 exemplifies the balance between judicial efficiency and fairness by streamlining cases that arise from both private complaints and police investigations. Its procedural safeguards prevent duplication of trials, protect the accused from unnecessary harassment, and maintain the integrity of the judicial process. However, effective implementation and minimizing delays remain critical for realizing its full potential in delivering justice.

FAQs

A few FAQs based on Section 210 of the CrPC are as follows:

Q1. What happens when a complaint case and police investigation overlap?

When a Magistrate discovers that a complaint case and police investigation relate to the same offense, they stay the complaint case proceedings and request a report from the police under Section 173 of CrPC.

Q2. Can a Magistrate try a complaint case and a police report case together under Section 210?

Yes, if the accused in both the complaint case and the police report case are the same, the Magistrate may conduct a joint trial as if both cases were initiated through a police report.

Q3. What if the police report does not implicate the accused in the complaint case?

If the police report does not name the accused in the complaint case, or if the Magistrate does not take cognizance of the offense in the police report, the complaint case will proceed independently.