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
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
filed by the police under
Section 202 of the CrPC. A report under Section 202 of the CrPC is
mandatory ... application seeking discharge under
Section 239 of the Cr.PC filed by the petitioners and
another application under Section 210(1) of the Cr.PC
filed by the police under
Section 202 of the CrPC. A report under Section 202 of the CrPC is
mandatory ... application seeking discharge under
Section 239 of the Cr.PC filed by the petitioners and
another application under Section 210(1) of the Cr.PC
filed application under
Section 210 Cr.P.C. for stay of proceedings till
the police report under Section 173 Cr.P.C. was
filed ... whom the complaint is pending. Section 210
Cr.P.C. which is material, is reproduced below :-
"Procedure to be followed when
there
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 ... complainant case procedure, ignores Section 210 Cr.P.C. which reads as
under:
―210. Procedure to be followed when there is a complaint case
offence under Section 302 / 34 IPC. The pre-
summoning evidence was in the nature of a statement under Section
161 CrPC ... summoned for the
offence under Section 302 / 34 IPC. The stage for the applicability of
Section 210 (2) CrPC would arise only
mind.
39. Section 210 of Cr.P.C. reads as follows:-
―210. Procedure to be followed when there is a
complaint case and police investigation ... accordance with
the provisions of this Code.‖
40. Provisions of Section 210 Cr.P.C. would have no applicability to the
trial of offences under
through SHO, P.S. Bhajanpura has filed a CRL.M.C.
1653/2021, under Section 482 Cr.P.C. to challenge the Order dated ... aside.
Conclusion:
60. The CRL.M.C. 1568/2021 is hereby, allowed and in terms of Section
210 Cr.P.C the Complaint dated
