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4. The said order of dismissal of the complaint, the complainant was challenged before the revisional court the court of 1st Additional Sessions Judge, Banka, in Cr. Revision No. 216 of 2011. However, revisional court observed in its order dated 16.06.2012 in paragraph 6 "that Section 210 Cr.P.C. relates to an exigency for calling report when it appears to Magistrate in a complaint case that police investigation in respect of the same offence is going on. Hence, the learned lower court misdirected itself in calling report under Section 210 Cr.P.C. when no police investigation was going on in any police case in respect of same offence. Hence, in the fact and circumstance, there is no occasion to call report under Section 210 Cr.P.C. but the police surprisingly gave report under Section 210 Cr.P.C. that accused has not defalcated or misappropriated the amount. However the report may be treated as report in an enquiry Patna High Court Cr.Misc. No.50748 of 2013 dt. 28-06-2016 under Section 202 of Cr.P.C. It is further held that order passed for report from the police under Section 210 Cr.P.C. is also not an order passed in an enquiry under Section 202 Cr.P.C. and held that the learned Chief Judicial Magistrate has not earlier ordered for an enquiry under Section 202 Cr.P.C. The learned Additional Sessions Judge held that the learned Chief Judicial Magistrate, Banka, has ignored the provisions of law and so interference is required accordingly, set aside the order of the learned Chief Judicial Magistrate. So interference is required. The learned Chief Judicial Magistrate will proceed with the case in accordance with law".

Patna High Court Cr.Misc. No.50748 of 2013 dt. 28-06-2016

11. Now coming to the facts and circumstances of the case, at hand, it is apparent that a complaint petition was filed by the petitioner. In the complaint, the learned Magistrate calls for a report under Section 210 of Cr.P.C. However, the report under Section 210 Cr.P.C. can only be called upon if it appears to Magistrate that a police case is being investigated by police in relation to same matter for which the complainant has been filed the complaint. However, having regard to the fact that there was no police case with respect to same offence and hence, the Magistrate had no jurisdiction to call for report under Section 210 Cr.P.C. when no investigation was pending.

12. Having regard to the fact that since there was no investigation in relation to the same offence made out in the complaint, there was no occasion for the Magistrate to call for a report under Section 210 of Cr.P.C. when no investigation is pending. However, the report given by the police that the appellant is falsely implicated has also not in consonance with as report required under Section 210 of Cr.P.C. as the report require the fact only whether the investigation is pending.

14. However, learned revisional court while setting aside the order did not go into the merit of the case but only set aside the order of the learned Magistrate on the ground of procedural lapses that learned Magistrate consider the report of the police which was uncalled for as there was no occasion to call for a report under Section 210 Cr.P.C. as there was nothing to appear that police investigation is going on in relation to same offence. It is pertinent to mention under Section 210 Cr.P.C. only placed when an investigation with regard to the same offence is pending before the police on a police case and when a complaint has been filed with regard to the same offence then Magistrate on enquiry of the complaint, must stayed the complaint till receipt of the police report in regard to the same offence. Since, there was no investigation was going on in police case in relation to the occurrence for complaint was pending, hence, calling for a report under Section 210 Cr.P.C. does not arise.