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
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
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
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
interest of the accused from
unnecessary harassment. The provisions of Section 210 Cr.P.C.
are mandatory in nature. It may be true that ... compliance of
the provisions of section 210 Cr.P.C. is not ipso facto fatal to the
prosecution because of the provision of Section
proceeded
therewith separately without following the procedure as
laid down under Section 210 Cr.P.C., and vide the order
dated 07.01.2019 took cognizance ... interest of the accused from unnecessary
harassment. The provisions of Section 210 ,
Cr.P.C., are mandatory in nature. It may be
true that
tried together. Learned counsel for the petitioner has moved application under Section 210 Cr.P.C. which is pending disposal before the Additional Chief Judicial ... IPC of Police Station Kotwali, district Rae Bareli only after disposing of the application of the petitioner moved under Section 210
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
IPC. Charge-sheet had been filed for the offence under sections 323 , 324 , 504 , 506 IPC. Only one offence under section 504 IPC is common ... Code."
If the fact of the present case and the submission raised by the parties are compared with the provision of Section 210
been
passed by the Judicial Magistrate in violation of provisions of Section 210
Cr.P.C. The revision preferred by the petitioners against order dated ... criminal complaint before the
Judicial Magistrate and the Court concerned, in utter disregard and complete
violation of mandatory provisions of Section 210
