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
Police report under Section 173
of the Code of Criminal Procedure and the other initiated on the criminal
complaint, arising out of the same prosecution ... just that there should be one trial and Section 210
of the Code of Criminal Procedure is a procedure beneficial to the accused
and that
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
illegal
and improper. Ld. MM was required to follow the procedure of Sec.210 Cr.P.C.
and the complaint could not be dismissed without ... Court is directed to follow the procedure of Chapter XV and
XVI of Cr.P.C . specifically Sec.210 Cr.P.C. Accordingly, the revision
respondent
had filed a private complaint under Sections 200 and 210 (2)
Cr.P.C. putting forward her case against the accused and
requested ... cognizance of the offence under Section
307 IPC in view of provisions under Section 200 and 210 (2)
Cr.P.C. and about to commit
Judicial Magistrate, Patti whereby the application filed by the
petitioner under Section 210 Cr.P.C. for clubbing of criminal trial in case
titled ... upon the trial Court to club the cases as provided
under Section 210 Cr.P.C.
Learned counsel for the respondent has not been able
file an
(2 of 2) [CRLMP-4393/2018]
application under Section 210 Cr.P.C. before the court of the
concerned Magistrate. The Section 210 ... doubt that in case, petitioner file an
application under Section 210 Cr.P.C., the concerned Magistrate
after hearing all concerned shall pass a detailed
IPC r/w Sec.120B IPC of which cognizance on the charge
sheet was taken of the offences u/S 409 IPC ... IPC had already been taken on the basis of the complaint and
accordingly the application of the prosecution u/S 210
Criminal Procedure Code in the case instituted on a
police report. Similarly, the Magistrate has powers under Section
202 Criminal Procedure Code to direct police ... complaint in terms of that Section. The provisions of Section
210 Criminal Procedure Code use the expression 'shall' requiring
the Magistrate to stay
D.Ramesh vs V.Vijayakumar on 31 July, 2018
Author: R.Suresh Kumar
Bench: R
