dated 06.01.2009 which is not
in conformity with the provisions of Section 210 Cr.P.C.
It appears from the impugned order dated 16.04.2008 passed ... case may be.
7
The provisions laid down in Section 210 Cr.P.C. provides as
follows:-
"210. Procedure to be followed when there
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
Kumar "
Saket, New Delhi, by which the application u/s 210 of Cr.P.C. seeking
stay on the proceedings of the complaint filed ... Code."
10. As is apparent from the perusal of the aforesaid provisions
that in order to stay the proceedings u/s 210 (1)
learned Special Judge, Jalandhar whereby application
filed by the petitioners under Section 210 Cr.P.C. for clubbing the complaint
case bearing ... complaint and FIR case relate to one transaction and as per Section 210
Cr.P.C., both these cases should be clubbed.
Section 210
bound to
follow the procedure as envisaged under Section 210 of the Code of
Criminal Procedure but in the instant case the police only recorded ... learned trial
Magistrate did not resort to provisions of Section 210 Criminal
Procedure Code. Thus, the order passed by the Magistrate for
summoning the accused
same offence is not maintainable
without following the procedure under Section 210 Cr.P.C.
Counsel for the petitioners has further argued that from ... aforesaid FIR No.167, however, without adhering to the provisions of
Section 210 Cr.P.C., the trial Court has summoned the petitioners.
The case
prayer made on behalf of the petitioner
under Sections 210 of the Code of Criminal Procedure has been
rejected by the learned Judicial Magistrate ... herein below
Section 210 of the Code of Criminal Procedure. Section 210 reads
thus-
"210. Procedure to be followed when there is a
complaint
been filed by the petitioner under
Section 482 of the Code of Criminal Procedure, praying for setting aside the
order dated 01.04.2023 (Annexure ... facts against the petitioner, the petitioner had moved an
application under Section 210 Cr.P.C. for clubbing both the cases together.
The said application
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
petitioner filed an application under Section 210 Cr.P.C.
The short contention raised by him was that these 3 cases - Crime ... with the private complaint in view of the specific bar under Section
210 Cr.P.C.
2. The learned Magistrate by the impugned order
