Illegal procedure adopted in clubbing of complaint case and the state case
under Sections 202 and 210 of the CrPC ... CrPC. Respondent
no.2 herein moved an application under Section 210
Cr.P.C
25.11.2013 The learned CMM, proceeded to dispose
Illegal procedure adopted in clubbing of complaint case and the state case
under Sections 202 and 210 of the CrPC ... CrPC. Respondent
no.2 herein moved an application under Section 210
Cr.P.C
25.11.2013 The learned CMM, proceeded to dispose
record, took cognizance upon the present complaint and ignoring the procedure of Section 210 Cr.P.C., whose sub-Section (1) provides that when ... same is not maintainable and learned Magistrate ignored the procedure of Section 210(1) Cr.P.C. (Annexure No.10).
15. Vide order dated
application of the same date under Section 210 Code
of Criminal Procedure, 1973 ( Cr.P.C .) the complaint filed by CBI was
stayed till further ... case has to proceed as per the
complainant case procedure, ignores Section 210 Cr.P.C. which reads as
under:
―210. Procedure to be followed
petition is also pending before the learned court filed under
Section 210 Cr.P.C. She further submits that no case of handing it over ... alternative remedy by way of filing the said petition
under Section 210 Cr.P.C.
7. Thus, the court comes to the conclusion that
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
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
view, even Section 210 of the Code has no application to
the facts of the case on hand. Section 210 requires procedure to be
followed ... aforesaid cannot be accepted for the
simple reason that Code of Criminal Procedure permits such an
eventuality of a complaint case and enquiry or trial
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
