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
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
provisions of Section 154 of
Code of Criminal Procedure, 1973 (hereinafter
referred to in short as ' Cr.P.C .'), in pursuant to
offences ... Magistrate postponed the hearing of the complaint
following the procedure under Section 210 of the
Cr.P.C. and directed the PSI, Palsana Police Station
above determination, a studied analyses, of the mandate
carried in Section 210 Cr.P.C., becomes imperative. Consequently, the
provisions of Section 210 ... accordance with
the provisions of this Code."
11. Sub Section (1) of Section 210 Cr.P.C., carries an explicit
mandate, that when
complaint case, summoning was made, thereafter an application u/s 210 Cr.P.C was moved on behalf of accused persons on which order ... while clubbing both the cases in accordance with the procedure as given under Section 210 Cr.P.C. While passing the order in criminal revision
disposed of with liberty to applicants to file application under Section 210 Cr.P.C. In these circumstances, applicants filed application under Section 210 ... case may be, applicants are at liberty to file application under Section 210 Cr.P.C. in view of Nathi Lal (supra) and Sudhir (supra
this Code."
6
Where two proceedings are pending consideration, the
procedure to be followed is as depicted under Section 210 of the
... with the provisions of
the Code.
28. Although it will appear from the above that
under Section 210 CrPC, the Magistrate
Respondents
Criminal Original petition is filed under Section 482 of Criminal
Procedure Code to set aside the returned docket order dated 22.10.2021 in
Crl ... judis
Crl.O.P.No.20996 of 2021
Magistrate, Tiruvottriur to take the said petition filed under Section 210 of
Cr.P.C in Crl
order by this
Court raised another ground stating that Section 210 Cr.P.C. would
Signature Not Verified
Digitally Signed
By:MANISH KUMAR
Signing Date ... clubbed together. In response, the
learned APP has contended that Section 210 Cr.P.C. would not apply to the
situation since these arise
that there is no requirement to follow the mandate of Section 210 (2) CrPC since the applicant No.1 Chhedi alias Nekchhed ... cases were instituted on a police report For convenience, Section 210 (2) CrPC reads as thus:-
"(2) If a report is made
