As per the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, in case of merger of the…

Under section 233(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 210 of the Code of Criminal Procedure, 1973), where a police investigation is in progress on the same offence, the magistrate must stay the complaint case and call for a report from the investigating officer. Under section 233(2), if a report under section 193 is made and cognizance is taken against a person who is also accused in the complaint case, both cases are inquired into or tried together as if both had been instituted on a police report. The procedure after such merger is therefore that of "The case instituted on the police report".