Case No. 4683 C/2017 thereby rejecting the
petition filed u/s 210 Cr.PC.
3. The brief facts of the case is that ... above circumstances, the petitioners filed an application u/s 210 Cr.PC before
the learned Trial Court below on 12.10.2018 praying to call
with Section 34 of the IPC. Once the criteria laid
down in sub-section (1) of Section 210 of Cr.P.C ( Section ... trial court to follow the procedure laid down
in sub-section (2) of Section 210 of Cr.P.C ( Section 233 (2) of
BNSS
orders passed by both these courts have no legal effects.
Procedure of Section 210 Cr.P.C. applies when there is a complaint case ... both - a police
investigation and a criminal complaint filed by prosecutrix, the procedure
prescribed in Section 210 Cr.P.C. was required to be followed
that it has not been appreciated that as
per the Section 210 Cr.P.C., if an offence is investigated by the Police, then ... aside.
Conclusion:
60. The CRL.M.C. 1568/2021 is hereby, allowed and in terms of Section
210 Cr.P.C the Complaint dated
Section 200 of the Cr.P.C., is not justified and contrary to the provisions of
the Code of Criminal Procedure ; and hence, prayed ... tried along with the
police report. This procedure is not in accordance with Section 210 of the
Cr.P.C., and therefore the learned Magistrate
IPC.
8. At this stage, it may be stated that Section 210 of CrPC deals with a situation where two parallel proceedings ... accordance withthe provisions of the Code.
23. Although, it will appear from the above that underSection 210 Cr.P.C . the Magistrate
provisions of Section 173(8) Cr.P.C. along with Section 210 Cr.P.C.
and relying upon the decision ... then the trial court acted in
accordance with the provisions of Section 210 , Cr.P.C.
Section 210(1) , Cr.P.C. Reads as under
call for the report from
the police under Section 210 Cr.P.C. and inquiry
number was also given to the said complaint. Based
upon ... relevant
point of time, the Court has made reference of
Section 210 Cr.P.C. The said view adopted by the
learned Judge
accordance with the provisions of
this Code."
20. On bare reading of provisions of Section 210 of Cr.PC., it
makes clear that, during ... Court considered
the question that, whether Section 197 of the Code of Criminal
Procedure is attracted and sanction as required by that section is sine
accordance with the provisions of
this Code."
20. On bare reading of provisions of Section 210 of Cr.PC., it
makes clear that, during ... Court considered
the question that, whether Section 197 of the Code of Criminal
Procedure is attracted and sanction as required by that section is sine
