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
Judicial Magistrate - IIIrd, District Gorakhpur, by which application of applicants U/S 210 Cr.P.C . was allowed and police case and complaint case were ... accordance with the provisions of this Code."
8. Apart from the Section 210 Cr.P.C. the person who are accused of same offence
revisional court quashed the summoning order on the basis that under section 210 Cr.P.C. It is the mandatory provision and incumbent duty ... reads as under:-
" Section 210 in The Code Of Criminal Procedure, 1973
210. Procedure to be followed when there is a complaint case
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
accused in the Complaint, by virtue of sub section (3) of Section 210 Cr.P.C., there was no embargo on the court with respect ... with the provisions of the Code.
28. Although it will appear from the above that under Section 210 CrPC, the Magistrate
this Code."
7. In case of Pal @ Palla (supra), Hon'ble Apex Court held as under:
''22. Section 210 ... accordance with the provisions of the Code.
23. Although, it will appear from the above that under Section 210 Cr.P.C. the Magistrate
this stage it would be pertinent to mention the provisions of Section 210 Cr.P.C., which reads as under:
"210. Procedure ... Apex Court has held as under:
"26. Section 210 Cr.P.C. provides the procedure to be followed when there is a complaint case
police report. It was further alleged that sub- section 3 of section 210 Cr.P.C. was not attracted to the facts of this case ... accordance with the provisions of the code. Thus in view of section 210 Cr.P.C. both the cases arising out of the police report
cause of action a complaint case was also filed, the procedure provided under Section 210 Cr.P.C. deals with the proceedings and both ... clubbed together and proceeded in accordance with the procedure prescribed.
5. Section 210 Cr.P.C. reads as under:
Section 210 . Procedure to be followed
facts on which basis the F.I.R was filed.
5. Section 210 Cr.P.C deals with a situation where two parallel proceedings ... applicants. The learned trial Court have to adopt the procedure as contemplated under Section 210 Cr.P.C and both cases shall be clubbed together
