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-
(a) commit the case to the Court of Session;
(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.
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 Cognizance of offences by Courts of Session? What is the meaning of Additional and Assistant Sessions Judges to try cases made over to them? What is Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence? Section 193, 194 and 195 of Code of Criminal Procedure 1973
COMPLAINTS TO MAGISTRATES
What is Examination of complainant? What is Procedure by Magistrate not competent to take cognizance of the case? What is Postponement of issue of process? What is Dismissal of complaint? Section 200, 201, 202, 203 of Code of Criminal Procedure 1973
Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session. Section 207 and 208 of Code of Criminal Procedure 1973
What is Commitment of case to Court of Session when offence is triable exclusively by it? What is Procedure to be followed when there is a complaint case and police investigation in respect of the same offence?. Section 209 and 210 of Code of Criminal Procedure 1973