respondent would
Crl. Misc. M No.18899 of 2005 (O&M) :{ 10 }:
contend that provisions in sub-sections of Section 210 (1) ... Criminal) 389. While going
into the scope of Section 210 Cr.P.C and its applicability, the Hon'ble
Supreme Court has observed that
this petition under Section 482 of the Code of
Criminal Procedure (hereinafter referred to as ' Cr.P.C .) is to the order
dated ... accordance with the provisions of the Code.
23. Although, it will appear from the above that under Section
210 Cr.P.C. the Magistrate
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
question as to whether the procedure prescribed under Section 210 of the
Code of Criminal Procedure has been duly followed by the learned
Magistrate ... complaint case with the police case.
9. Section 210 of the Code of Criminal Procedure lays down the
procedure to be followed where there
with the mandate of Section 202(1) Cr.P.C.
The amendment of the Code of Criminal Procedure in the year 2005
makes it mandatory ... case. Deviation from the
procedure or from the express provision of Act with respect to the
summoning procedure or procedure of the trial which
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
directed the trial Magistrate
to comply with the provisions of Section 210 Cr.PC, by way of impugned
order dated 8.8.2012 (Annexure P4).
4. Sequelly ... rightly
directed it (trial Court) to again obtain the report u/s 210 Cr.PC and no
interference is warranted in the impugned order
before this
court under Section 482 of the Code of Criminal Procedure, 1973 [ CrPC ].
2. I have heard counsel for the parties ... accordance with the provisions
of this Code.
4. Section 210(2) CrPC 1973 states that when a police report has been filed under
Savera Sidhu (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
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
