investigation) under section 173 of the Code
Crl.MC 4120/2016 Page 3 of 42
of Criminal Procedure, 1973 ( Cr.P.C .) had been filed ... this Code.‖
43. The Code of Criminal Procedure , 1898 ("old Cr.P.C .") did not
contain any provision corresponding to section 210
Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973 (for
short " Cr.P.C ."), a Court is barred from taking ... Criminal), 268.'
6. The direction for clubbing of the two cases is also assailed on
the ground that Section 210
210 of the Code of Criminal Procedure, 1973 (for short
` Cr.P.C .).
The learned trial court issued summons under Section 210
... learned Judicial
Magistrate had ordered summoning of the accused under Section 210
Cr.P.C.
This Court has carefully gone through the provisions of Section
IPC while complaint has been made under Section 504 , 506 , 302 IPC.
5. Learned counsel for applicants sought to rely on Section 210 ... submitted under Section 304 IPC while in complaint Magistrate has summoned applicants under Section 504 , 506 , 302 IPC. Therefore, Section 210
related to the same set of facts, therefore, an application under Section 210 Cr.P.C. was moved before the court concerned to consolidate both ... concerned Magistrate has not taken into consideration the specific provisions of Section 210 Cr.P.C. in right perspective. Continuation of proceeding of aforementioned State
under
Sections 494 , 498(A) and 506(i) IPC. He further submitted that
under Section 210 Cr.P.C there is absolutely ... accordance with the provisions
of the code.
23.Although, it will appear from the above
that under Section 210 Cr.P.C., the Magistrate
Apex Court as well as sub section (2) of section 210 ,Cr.P.C., contending that a report under section 173 has already been made ... accused is not subjected to different criminal proceedings in respect of the same offence. The Section 210 Cr.P.C. is quoted as under
together
as if instituted by the State. Section
210 (1) and (2) mandates as under:
210. Procedure to be followed
when there is a complaint ... respondent No. 2 as
complaint case and adopted the procedure
laid down under Section 210 of Cr.P.C. is
not sustainable.
Consequently, the criminal
have clubbed the same together,
in view of provisions of Section 210 Cr.P.C., which was filed before
discharge of petitioner in FIR case ... case and complaint against the petitioner, in view of
provisions of Section 210 Cr.P.C., the petitioner cannot be made liable to
face trial
filing the criminal complaint when the Police
is not taking any action. Learned counsel for the private respondent relied
upon Section 210 ... also criminal complaint is filed, then the procedure has been given under
Section 210 Cr.P.C. to deal with the situation.
Keeping in view