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.

Answer 2

This question is about what happens when a private complaint case and a police investigation into the same offence end up running side by side, and the two get joined for trial under the Code of Criminal Procedure. The question asks which of the two original procedures survives once they are merged.

1. The complaint case: If the merged trial followed complaint-case procedure, the more detailed material the police collect during investigation, such as statements recorded from witnesses and the case diary, would effectively be sidelined. The law does not intend that outcome once a police report has been filed and cognizance taken on it.
2. The case instituted on the police report: Once the Magistrate takes cognizance of an offence against a person already facing a complaint case, on the strength of a police report concerning that same offence, the two matters are tried as one, and the trial follows the procedure meant for cases instituted on a police report. This procedure is more thorough because it is built around the evidence and statements gathered during investigation, which is exactly the material now on record.
3. Both as per the convenience during the trial: Criminal procedure does not leave the choice of trial format to convenience. The Code fixes one procedure for the merged case rather than letting the court pick and choose depending on the situation.
4. None of these: Incorrect, since option (B) correctly states the rule.

The logic behind this rule is straightforward: once police investigation material enters the picture, the trial should be conducted with the same rigour as any other police-report case, rather than reverting to the lighter complaint procedure.

So the correct answer is the case instituted on the police report.