Document Fragment View

Matching Fragments

"4. The High Court in the impugned judgment being of the opinion that the Magistrate not having exercised his powers under sub-section (1) of Section 210 Cr.P.C. and not staying the complaint proceeding, has committed serious error and, therefore, the complaint proceedings should be quashed.
5. Having examined the provisions of Section 210 Cr.P.C., more particularly sub -section (3) of Section 210, we have no hesitation to come to the conclusion that the High Court committed serious error in exercising its power under Section 482 Cr.P.C. in quashing the complaint case merely because the Magistrate had not exercised his powers by staying the complaint case under sub-section (1) of Section 210 Cr.P.C. and, therefore, the impugned order cannot be sustained. We accordingly set aside the impugned order of the High Court and direct that the complaint case be proceeded with."