tried
together by the same Court under the provision of section 210 of
the Cr.P.C. In the present case the worker died while ... registration of FIR against him because under sub-section (2)
of section 210 Cr.P.C, it was mandatory for the Magistrate to
inquire into
Bajwa on behalf of the petitioners contended that the provisions of Section 210 , Cr.P.C. are attracted but, by not following the same ... decision, the facts therein were reverse of the situation contemplated under Section 210 , Cr.P.C. It has taken note of the observation
Relying upon this fact, it was argued
that the provisions of Section 210 Cr.P.C. would come into play. After
carefully considering the arguments ... Magistrate. It is against the
established principles about the criminal prosecutions. Section 210
Cr.P.C. contemplates cases wherein the complaint might be filed
criminal complaint filed by the complainant then
before framing charges, the Court should have adopted the
procedure as laid down under Section 244 of CrPC ... accordance with
the provisions of this Code."
8. Section 210 (2) of CrPC provides that where the
Magistrate has already taken
Code of Criminal Procedure, 1973.
2.2 It appears that the complaint was registered as the Criminal
Inquiry No.78 of 2014. On 08.05.2014, the learned ... view, Section 210 has no application in the present case. Section 210 of
the Cr.P.C. lays down the procedure to be followed when
merged with the Vigilance Case in view of Section
210 of Cr.P.C.
7
17. In order to decide the controversy between the parties ... Sharma &
Ors. (2021) 5 SCC 524:
"Thus, as per Section 210 Cr.P.C., when in a case instituted
otherwise than
accused under Section 352 of IPC [an offence under section 352 of IPC is triable by following the procedure for trial of summons case ... these kinds of two cases is unknown to the Code of Criminal Procedure . Thus, the clubbing of the two cases itself is illegal.
29. Lastly
that it has not been appreciated that as
per the Section 210 Cr.P.C., if an offence is investigated by the Police, then ... aside.
Conclusion:
60. The CRL.M.C. 1568/2021 is hereby, allowed and in terms of Section
210 Cr.P.C the Complaint dated
PRAVEEN
Signing Date:21.10.2023
17:39:20
the provision of Section 210 of Cr.P.C. which mandates that when
there is a complaint case ... subject matter being different in FIR, essential ingredients of
Section 210 Cr.PC are not satisfied herein. Also the offence
under Section
CRL.M.C.1084/2020 & Connected matter Page 15 of 18
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.10.2023
19:11:34
―210. Procedure ... subject matter being different
in FIR, essential ingredients of Section 210 Cr.PC are not
satisfied herein. Also the offence under Section
