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U.P. S.R.T.C. And Ors. vs Har Narain Singh And Ors. on 14 August, 1997

In case titled as State v/s Har Narayan & Others, 1976 Cr. L J 562. During the course of the assessment of the income tax, it was noticed that the false verification has been made by respondent and has also falsified the record and defrauded the Income Tax Authority and matter was reported for investigation to the CBI and thereafter Income Tax Officer also filed complaint against respondent u/s 52 of Cr. R. No. 23/10 Page 4 of 10 ­5­ Income Tax Act and u/s 193 Indian Penal Code (IPC) and thereafter the chargesheet was filed against the accused. An application was moved by the prosecution praying for amalgamation of two cases and for trying together in one trial. The Hon'ble High Court held that ingredients of sub­ section 3 of Section 210 Cr.PC are couched in negative. Therefore the impression 'the police report does not relate to any accused in the complaint case' means that none of the accused named in the complaint case is the subject matter of the police report. Similarly, the impression 'does not take cognizance of any offence on the police report' means that cognizance of no offence is taken and therefore held as long as police report relates one of the accused mentioned in the complaint case and the magistrate takes cognizance an offence on the basis of the police report the case will fall in sub­section (2) of Section 210 Cr.PC and the procedure mentioned therein will have to be followed.
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