respondent, as canvassed, is that Sub-section (3) of Section 210 , Criminal Procedure Code, permits the Magistrate to proceed with the enquiry or trial ... identical. In view of Sub-section (1) of Section 210 , Criminal Procedure Code, when a complaint case and a police case are filed over
that the learned Magistrate could
have resorted to the procedures as prescribed
by Section 210 of Cr.P.C. when the complaint
case was filed ... provisions of this Code."
Hence, in view of the aforesaid
provisions, the application of procedure
under Section 210 Cr. P.C. was not
permissible
record, took cognizance upon the present complaint and ignoring the procedure of Section 210 Cr.P.C., whose sub-Section (1) provides that when ... same is not maintainable and learned Magistrate ignored the procedure of Section 210(1) Cr.P.C. (Annexure No.10).
15. Vide order dated
complaince with the provisions
Crl. Misc. No. M-19902 of 2008 (O&M) [ 6 ]
of Sectin 210 Cr.P.C . is not ipso facto ... ground that the Magistrate has not followed the
procedure as contemplated under Section 210 Cr.P.C. As per the Supreme
Court judgment
complainant purporting to be under Sub-section (1) of Section 210 Cr.P.C. to the effect that upon a report in relation ... Cr.P.C. has been considered in an application under Section 438 Cr.P.C.
25. As regards the objection under Section 210(1)
does
not really states of any criminal offence as alleged against the
accused, as required under Section 210 Cr.P.C., while whole
Page ... Special
(A.C.B.) Judge had to follow the procedure as contemplated
under Section 210 Cr.P.C., since police investigation was in
progress
Kumar "
Saket, New Delhi, by which the application u/s 210 of Cr.P.C. seeking
stay on the proceedings of the complaint filed ... Code."
10. As is apparent from the perusal of the aforesaid provisions
that in order to stay the proceedings u/s 210 (1)
application of the same date under Section 210 Code
of Criminal Procedure, 1973 ( Cr.P.C .) the complaint filed by CBI was
stayed till further ... case has to proceed as per the
complainant case procedure, ignores Section 210 Cr.P.C. which reads as
under:
―210. Procedure to be followed
read with Section 34 of the Indian Penal Code ( IPC ) and accused No.
3 to 8 for the commission of offences punishable under Sections ... with the provisions of the Code.
28. Although it will appear from the above that under
Section 210 CrPC, the Magistrate
accordance with
the provisions of this Code."
10. Section 210 of Cr.P.C. delineates the
procedure to be followed when a complainant ... same incident, raises intricate questions
regarding jurisdiction, procedure and protection of
legal rights. Section 210 of Cr.P.C. therefore,
provides a statutory frame work
