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14 MCRC.44485.2020 15.1 It is seen quite often that Magistrates are faced with such piquant situation when they simultaneously receive Section 156(3) application and Section 200 complaint. Therefore, this Court deems it appropriate to dilate upon the statutory obligation of a Magistrate in such a situation.

15.2 The scheme of Cr.P.C., in particular, Section 210, gives a clear indication that legislature gives primacy and preference to police case emanating from FIR lodged u/S.154 or pursuant to Section 156(3), over the proceedings emanating from criminal complaint u/S.200. The said Sec.210 Cr.P.C. for ready reference and convenience is reproduced below:

19. This Court, thus, needs to visualize that for how long the Magistrate can keep the complaint u/S.200 Cr.P.C. in a state of suspended animation, when the investigation is getting delayed and charge-sheet is not filed even on expiry of the period of 60 / 90 days or any longer period statutorily provided.

19.1 The answer to this question lies in meaningful interpretation of 23 MCRC.44485.2020 Section 210 Cr.P.C.

19.2 Sub-section (1) of Section 210 Cr.P.C. obliges the Magistrate to stay the proceedings of enquiry/trial initiated pursuant to complaint u/S.200 Cr.PC., whenever the Magistrate comes to know that police investigation qua the same offence and the same accused is pending. The provision also makes it obligatory on the Magistrate to call for a report from the police in such a situation.

19.3 Sub-section (2) of Section 210 Cr.P.C. deals with the contingency that pursuant to the situation contemplated by Section 210(1) if charge- sheet is filed u/S.173 by the Police and cognizance of offence alleged is taken by the Magistrate against the person who is also accused in the complaint u/S.200 Cr.P.C., then both the cases i.e. complaint u/S.200 and the charge-sheet filed by Police shall be adjudicated simultaneously by treating both as cases instituted on police report. 19.4 Sub-section (3) of Section 210 Cr.P.C. lastly provides that in case the charge-sheet filed u/S.173 Cr.P.C. is not against a person who is an accused in the complaint case or if the Magistrate does not take cognizance of the offence in charge-sheet filed by the police, then the Magistrate shall proceed with the enquiry/trial originating from complaint filed u/S.200 Cr.P.C.

(iv) However, in case the Police fails to submit report within 60/90 days or any longer period of time statutorily prescribed, then the Magistrate shall proceed with the complaint u/S.200 Cr.P.C. in accordance with Chapter XV & XVI Cr.P.C., notwithstanding the bar in Sec.210 Cr.P.C.

26 MCRC.44485.2020

(v) While so proceeding under Chapter XV & XVI Cr.P.C., the Magistrate shall keep in mind that as and when police report u/S.173 Cr.P.C. is filed [even after 60/90 days or any longer period of time statutorily prescribed] and cognizance of offence in police report is taken, then the Magistrate shall club the complaint case with the charge-sheet (final report) filed by police and proceed to adjudicate both the cases together treating them to have arisen from police report.