FOCUS ON THE POLICE PROBE , COMPLAINT OF THE COMMITTED OFFENCE AND OBSERVATION BY THE COURT.

The Punjab and Haryana High court has observed that in the event of Complaint case and a police investigation of the same offence , the magistrate concerned shall enquire in to the matter or may try together the Complaint case and the case arising out of a police report. The High court said that in such a situation an FIR is certainly maintainable but for taking cognizance the report should be accompanied of an appropriate authority. It is the trial court that shall decide whether cognisance is to be taken in a particular case on the basis of police report accompnied with the appropriate Complaint,observed the High court, and in such case the petitioner has the remedy of seeking clubbing of both the cases with the contention that the said Complaint had already been processed under law code manual prefixed by the CrPC  and trial shall proceed like in the case arising out of the police report accompnied with the appropriate Complaint before the competent higher authority.