Sometimes a report is made to the Police and registered as the FIR but the Investigating officer does not evince interest in the matter for reasons best known to himself. He does not either refer the case or lay a charge-sheet but keeps the investigation pending indefinitely.
In such a situation the complainant who is vexed with the attitude of the police rushes to a Court of law with a private complaint which is taken on file by the magistrate concerned after recording the sworn statement etc., If it is brought to the notice of the Magistrate that a parallel investigation into the same offence is pending with the police, he should forthwith stay all further proceedings in the private complaint case which he has taken on file and direct the police to expedite the investigation and submit a report.
If the investigating officer lays the charge- sheet against the same accused as those whom the complainant has implicated in his private complaint case, the Magistrate should club both the cases and follow the procedure which is prescribed for trial of cases arising out of police reports.
The Magistrate passes an order on the docket sheet of the private complaint case that the case is clubbed with C.C.No………. namely the police case. Thereupon the
ADVERTISEMENTS:
C.C.No. relating to the private complaint case is rounded off in the relevant register and all the records which pertain to it are taken into the record relating to the police case.
If on the other hand the Police charge- sheet is laid against accused different from those mentioned in the private complaint case, the Magistrate should vacate the stay order passed by him in the private complaint case and proceed with its inquiry or trial while simultaneously proceeding with the inquiry or trial in the police charge-sheet case.
But it is desirable that judgments in both the cases should be delivered separately on the same day.