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Preethu (Student)     24 December 2012

Private complaint or police complaint


Can I have Private Complaint registered in MM Court will be attended by me as a advocate and also Police Complaint filed in nearest police station for the same cheating / forgery offence committed. Does these 2 complaints clash at any point in time and can any one force to withdraw the complaint(either in PS or Court) in the event of existance of other complaint. What would be the procedure / process and which would be the strongest one to get to the ends of justice.  Thanks for the suggestion.


 2 Replies

vijay sharma (Advocate)     24 December 2012

court complaint...

Shantilal Pandya ( Advocate)     24 December 2012

Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.

(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject- matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

(2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case andthe case arising out of the police report as if both the cases were instituted on a police report.

(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 case arising out of the police report as if both the cases were instituted on a police report.


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