Question

As per the provisions of the Code of Criminal Procedure, in case of merger of the complaint with the police report the procedure to be followed for the trial shall be of-------

• A. The complaint case
• B. The case instituted on the police report
• C. Both as per the convenience during the trial.
• D. None of these

Hint:

Understanding the procedural differences between a "complaint case" (initiated by a private complaint to a Magistrate) and a "police report case" (initiated via FIR and police investigation) is crucial for mastering CrPC. Section 210 is a key provision that deals with the overlap between these two tracks.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question addresses a specific procedural situation under the Code of Criminal Procedure, 1973 (CrPC). It occurs when a Magistrate takes cognizance of an offence based on a private complaint, and it is discovered that a police investigation is also underway for the same offence. The question asks which procedure is followed when these two are clubbed together for trial.
Step 2: Key Formula or Approach:
The relevant provision governing this scenario is Section 210 of the CrPC.
- Section 210(1): When a complaint case is pending and it is made to appear to the Magistrate that a police investigation is in progress in relation to the offence which is the subject-matter of the complaint case, the Magistrate shall stay the proceedings of the complaint case and call for a report on the matter from the police officer conducting the investigation.
- Section 210(2): If a police report is made under Section 173 and the Magistrate takes cognizance of any offence against any person who is an accused in the complaint case, the Magistrate shall try the complaint case and the case arising out of the police report together.
- Section 210(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." The key part for this question is what happens when they are tried together. The established procedure, as derived from the structure of the section, is that the merged trial follows the procedure for a case instituted on a police report.
Step 3: Detailed Explanation:
When a complaint case and a case instituted on a police report (challan case) are clubbed together under Section 210, they are tried as one case. The procedure to be followed is that of a case instituted on a police report. This is because a case based on a police investigation is generally more comprehensive, involving collection of evidence, statements of witnesses under Section 161, and other materials which are not available in a complaint case. Therefore, the law mandates following the procedure applicable to cases instituted on a police report for the amalgamated trial.
Step 4: Final Answer:
The procedure to be followed for the trial shall be that of the case instituted on the police report.