Section 210 CrPC applies only to the same offence, so a complaint case may be stayed pending police investigation.

Section 210 of the Code of Criminal Procedure, 1973 applies only where a police investigation is pending into the same offence that is the subject of a complaint case, enabling the Magistrate to stay the complaint proceedings and consider both matters together after the police report. If the police investigation relates to a different offence, or the cases cannot lawfully be clubbed before the same forum in the manner contemplated by Section 210, the provision does not operate. On that basis, Section 210 was held inapplicable and the request to stay the complaint proceedings was rejected.

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Issues: Whether proceedings in the complaint case were liable to be stayed under Section 210 of the Code of Criminal Procedure, 1973 on the basis of a pending police investigation by the CBI relating to the same offence.

Analysis: Section 210 of the Code of Criminal Procedure, 1973 applies only when an investigation by the police is in progress in relation to the offence which is the subject-matter of the complaint case, so that the Magistrate may stay the complaint proceedings and await the police report. The provision contemplates that, after the police report, the Magistrate can take cognizance of the accused in the complaint case and then try both matters together. Where the police investigation is not in relation to the same offence, or where the cases cannot be lawfully clubbed before the same forum in the manner contemplated by Section 210, the provision does not operate.

Conclusion: Section 210 of the Code of Criminal Procedure, 1973 was held inapplicable, and the request for stay of the complaint proceedings was rejected.

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