Section 210 in The Code of Criminal Procedure, 1973
210. Procedure to be followed when there is a complaint case and police investigation in respect ... report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against
complying with the mandate of Section 202(1) Cr.P.C.
The amendment of the Code of Criminal Procedure in the year 2005
makes ... Section 173 Cr.P.C
and the Magistrate, on the basis of the complaint without taking into
consideration the report under Section 173 Cr
accused and the offence in Section 210(3) and for that matter in Sub-section (2) of Section 210 of Cr.P.C. would only ... Section 202 of Cr.P.C., has taken cognizance of offences under Section 302 read with Section 109 IPC and Sections 302 read with Section
chapter XVI, Section
210 Cr.P.C. is placed after Section 204 Cr.P.C. Thus, Section 210 Cr. P.C.
cannot be invoked ... Cr.P.C . such as Sections 91 &
267 Cr.P.C., and all have different and distinct meanings. Plain reading of
Section 210 Cr
right u/Art.21
of the Constitution, incorporated Section 167 Cr.P.C.
18.1 Section 167 Cr.P.C. further gives an indication that ... Cr.P.C. in accordance with Chapter XV & XVI Cr.P.C.,
notwithstanding the bar in Sec.210 Cr.P.C.
26 MCRC.44485
file report under
Section 156(3) Cr.P.C., is legally not sustainable, as the power
under section 156(3) Cr ... Investigating Agency i.e., Section 156 (3) Cr.P.C, 210
Cr.P.C ., and 202 Cr.P.C ., and the intention is only
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 ... section 210 of Code of
Criminal Procedure, 1973 ("new Cr.P.C ."). This provision had been
introduced in the new Cr
precharge evidence as the copies
of the statement recorded under Section 161 of Cr.pc was sufficient to
enable the petitioners to argue their case ... view of Section 210 Cr.P.C.
once the copies of the report of investigation and the statement
recorded under Section 161 Cr
take note of the provisions of Section 210 Cr.P.C., which
are:-
"210. Procedure to be followed when there is a
complaint case ... Section 210(2)
Cr.P.C., when a report has already been made by Investigating
Officer under Section 173 Cr.P.C and when
210 of the Cr.P.C.
19. Furthermore, the committal of the case in terms of
Section 209 of the Cr ... fact that neither it
was in terms of Section 209 Cr.P.C. nor Section 323 Cr.P.C. and
vertually by such action made
