followed the procedure prescribed
CRL.M.C. No.2565/2013 & TRP. CRL. No.45/2014 Page 7 of 60
in Section 210 ... Article 21 , i.e.
'procedure prescribed by law', also flows from the terms of Section 210
Cr.P.C. Reliance is also placed
Section 156(3) , over
the proceedings emanating from criminal complaint u/S.200 . The said
Sec.210 Cr.P.C. for ready reference and convenience ... Cr.P.C. in accordance with Chapter XV & XVI Cr.P.C.,
notwithstanding the bar in Sec.210 Cr.P.C.
26 MCRC.44485
private complaint, especially, with a request to invoke
the provisions of Section 210 Cr.P.C., as he is neither a victim nor
an aggrieved ... person. The relief under Section 210 Cr.P.C., cannot
be granted, as it mandates pre-existence of a private complaint
before the Magistrate, which
investigation) under section 173 of the Code
Crl.MC 4120/2016 Page 3 of 42
of Criminal Procedure, 1973 ( Cr.P.C .) had been filed ... this Code.‖
43. The Code of Criminal Procedure , 1898 ("old Cr.P.C .") did not
contain any provision corresponding to section 210
examination was dispensed with by the
Magistrate under Section 200 (2) Cr.P.C. and therefore holding of an
enquiry of the evidence in such ... tried as a case based upon police report in view of Section 210 Cr.P.C.
once the copies of the report of investigation
offence in Section 210(3) and for that matter in Sub-section (2) of Section 210 of Cr.P.C. would only mean ... been charge sheeted is fully secured by the provisions of Code of Criminal Procedure . This power of the Magistrate is a salutary power
suffering stalemate.
(d) Pertinently, the bar contained in Sec.210
Cr.P.C. is based on following foundational
assumptions:-
3
THE HIGH COURT OF MADHYA ... Cr.P.C. in
accordance with Chapter XV & XVI Cr.P.C.,
notwithstanding the bar in Sec.210 Cr.P.C.
(v) While
Kalyan etc. in terms of Section 210 (1)
of the Code Criminal Procedure (" CrPC " - for short). The learned
Additional Sessions Judge ... Dass , 2006 (2) RCR (Crl.), the
Hon'ble Supreme Court delineated the object of Section 210 CrPC
High Court of Delhi held :
"5. ...... Section 210 of the Code of
Criminal Procedure lays down the
procedure to be followed when there ... defer the same to Section 243 (2) of the
Code of Criminal Procedure stage, would
defeat the expeditious disposal of a case
IPC has
been lodged against Parmaram, Vikas Singh and Santosh Devi is
the same.Therefore, by invoking the provision of section 210 CrPC ... IPC and till then
proceedings u/s 138 of N.I. Act be stayed in terms of the provision
u/s 210 (1)
