Section 233.   Procedure to be followed when there is a complaint case and police investigation in respect of same offence.

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(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 193 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 and the 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
Sanhita.

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