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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

In a complaint case stayed under Section 233 of the BNSS, 2023, the police file a report under section 193 and the Magistrate takes cognizance against a person who is also an accused in the complaint case. How must the Magistrate proceed?

The Magistrate must inquire into or try the complaint case and the case arising from the police report together, as if both had been instituted on a police report. Section 233(2) applies where cognizance is taken on the police report against a person who is an accused in the complaint case.

  1. ATry the complaint case first and drop the police case
  2. BInquire into or try both cases together as if both were instituted on a police reportCorrect
  3. CTry the two cases separately, beginning with the police case
  4. DDischarge the accused in the complaint case automatically

Explanation

Section 233(2) provides that where cognizance is taken on the police report against an accused in the complaint case, the Magistrate shall inquire into or try the complaint case and the police-report case together, as if both were instituted on a police report. Separate trials or dropping one case are not provided for.

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