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"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."