Commitment of case to Court of Session when offence is triable exclusively by it and Procedure to be followed when there is a complaint case and police investigation in respect of the same offence are defined under Section 209 and 210 of CRPC 1973. Provisions under these sections are:
Section 209 of CRPC "Commitment of case to Court of Session when offence is triable exclusively by it"
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall-
1[(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;]
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the
Court of Session.
STATE AMENDMENT
Gujarat
In section 209 of the Code of Criminal Procedure, 1973, in its application
to the State of Gujarat, for clause (a), the following clause shall be
substituted, namely:-
"(a) Commit the case, after complying with the provisions of section 207
or section 208, as the case may be, to the Court of Session and, subject to
the provisions of this Code relating to bail, remand the accused to custody
until such commitment has been made".
[Vide Gujarat Act 30 of 1976, s. 2.]
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1. Subs. by Act 45 of 1978, s. 19, for cl. (a) (w.e.f. 18-12-1978)
Section 210 of CRPC "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 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 Code.
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING
What is Prosecution of Judges and public servants? Section 197 of Code of Criminal Procedure 1973
What is Prosecution for offences against marriage? Section 198 of Code of Criminal Procedure 1973
COMPLAINTS TO MAGISTRATES