passed on an application
under Section 156 (3) of the Code of Criminal Procedure ( Cr.P.C .) filed by
the petitioner.
4. It is stated ... Trial Court failed to adopt the
mandatory procedure laid down in section 210 Cr.P.C. to stay further
proceedings in the complaint. He relied
complaint under Section 203 Cr.P.C., in as much as there is
nowhere in the Criminal Procedure Code a bar to take
cognizance ... prosecution. This aspect is clear from conjoint reading
of Section 210(1) & 210(3) Cr.P.C.
12. In the present case, the revisionist
nature of an
"inquiry" ; and that provisions of section 210 Cr.P.C are inapplicable in
the present case since the offence complained ... Crl. L. J. 770; B. M.
Lamba v. State of UP , 1971 Crl. L. J. 1357 and Nawal Sahni v. State of
Bihar, 1989 Crl
pleased to dismiss the application moved by the petitioner
u/s 210 Cr.PC for staying of proceedings in the complaint filed ... Code.
4 Hence, a bare perusal of the aforesaid provision, makes it amply clear
that for staying of any proceedings u/s 210(1)
cognizance of the offence has been taken by virtue of
Section 210 Cr.PC. Ld. MM vide order dated 8.6.2010,
declined the summoning the remaining ... Counsel on behalf of revisionist submitted that the
procedure laid down u/s 210 Cr.PC is that the police case as
well as complaint
aforesaid cannot be
accepted for the simple reason that Code of Criminal Procedure permits such an
13
eventuality of a complaint case and enquiry ... accordance with the provisions of this Code.”
Thus, as per Section 210 Cr.P.C., when in a case instituted otherwise than
on a police
therefore, the Trial Magistrate
should have stayed the proceedings under Section 210 of
Cr.P.C. It was further submitted that even otherwise the
material ... provisions of this Code."
Section 210 of Cr.P.C. would apply in a case where
during the pendency of a complaint
that the learned CMM had the provisions of
Section 210 Cr.P.C. in her mind.
39. Section 210 of Cr.P.C. reads ... accordance with
the provisions of this Code.‖
40. Provisions of Section 210 Cr.P.C. would have no applicability to the
trial of offences under
petitioners without following the mandate of Section 210 of Code
of Criminal Procedure (hereinafter referred to as the " ... accordance with
the mandate of Section 210 of Cr.P.C. Section 210 Cr.P.C. mandates
that before passing summoning order, it is incumbent
additional accused under Section 319 of the Code of
Criminal Procedure (for short "the Code") vide order dated 20.9.2011 and
was released ... Criminal) 178.
I have heard counsel for the parties and gone through the case
file.
Section 210 of the Code lays down procedure
