held as
under:
"The argument that violation of section 210 Code of
Criminal Procedure does not vitiate the proceedings in
the facts ... Criminal Procedure and the
Magistrate, on the basis of the complaint without
taking into consideration the report under Section 173
Code of Criminal Procedure
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
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)
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)
police report, had held that, "The argument that violation of
Section 210 Cr.P.C does not vitiate the proceedings in the facts ... either of the two situations. As such, the
violation of Section 210 Cr.P.C will vitiate the proceedings. Hence, the provisions
accordance with the provisions of this Code."
6. Section 210(1) Cr.P.C. says that, where in a case
instituted otherwise than ... fresh disposal.
Crl.A.No.407/2008 & Crl.R.P.No.2702/2008 20
Hence the above Crl.Appeal and Crl.Revision are allowed
complaint maintainable in terms of Section 210 CrPC
20. A reading of Section 210 CrPC shows that it envisages the
following ... offence under Section 302 / 34 IPC. The stage for the applicability of
Section 210 (2) CrPC would arise only if the said summoning
SaveraSidhu (supra), observed that, "The
argument that violation of Section 210 Cr.P.C does not vitiate the proceedings in
the facts ... either of the two
situations. As such, the violation of Section 210 Cr.P.C will vitiate the
proceedings. Hence, the provisions of Section 210
