During an inquiry or trial of a complaint case, a police investigation concerns the same offence. A report under BNSS section 193 leads the Magistrate to take cognizance against a person who is also…

Under section 233(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 210(2) of the Code of Criminal Procedure), if a police report under section 193 leads the Magistrate to take cognizance against a person who is an accused in the complaint case, the Magistrate shall inquire into or try the complaint case and the police case together, as if both were instituted on a police report. A stay of the complaint case applies only earlier, under section 233(1), while the investigation is pending. Only where the report does not relate to an accused in the complaint case, or no cognizance is taken on it, does the Magistrate proceed with the complaint case alone under section 233(3).