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
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
Challenge in this petition under Section 482 of the Code of
Criminal Procedure (hereinafter referred to as ' Cr.P.C .) is to the order ... proceed to pass
an appropriate order.
Section 210 Cr.P.C. reads as follows:-
"210. Procedure to be followed when there is a
complaint
Kumar Kalyan etc. in terms of Section 210 (1)
of the Code Criminal Procedure (" CrPC " - for short). The learned
Additional Sessions ... proceedings under Section 200 and subsequent sections of Chapter
XVI of the CrPC or under Section 204 CrPC of Chapter XVII
question as to whether the procedure prescribed under Section 210 of the
Code of Criminal Procedure has been duly followed by the learned
Magistrate ... 210 Cr.P.C. while directing clubbing of the
complaint case with the police case.
9. Section 210 of the Code of Criminal Procedure lays
summons to
the petitioners without following the mandate of Section 210 of Code
of Criminal Procedure (hereinafter referred to as the " Cr ... proceed in accordance with
the mandate of Section 210 of Cr.P.C. Section 210 Cr.P.C. mandates
that before passing summoning order
petitioners has referred to Section 210
Cr. P.C. and has argued that the procedure as laid down under this Section
has not been followed ... Sectin 210 Cr.P.C . is not ipso facto fatal to the prosecution
because of the provision of Section 465 Cr.P.C, unless error
directed the trial Magistrate
to comply with the provisions of Section 210 Cr.PC, by way of impugned
order dated 8.8.2012 (Annexure P4).
4. Sequelly ... directed it (trial Court) to again obtain the report u/s 210 Cr.PC and no
interference is warranted in the impugned order. In support
come up before this
court under Section 482 of the Code of Criminal Procedure, 1973 [ CrPC ].
2. I have heard counsel ... accordance with the provisions
of this Code.
4. Section 210(2) CrPC 1973 states that when a police report has been filed under
Section 173 Cr.P.C and the Magistrate, on
the basis of the complaint without taking into consideration the report under
Section 173 Cr ... such, the violation of Section 210 Cr.P.C will vitiate the
proceedings. Hence, the provisions of Section 210 Cr.P.C requiring the
Magistrate
