basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C .. The impugned order does not suffer from any illegality ... 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
dismissed applications filed by the petitioner U/s 251
Cr.P.C. and U/s 210 Cr.P.C.
2. It is the case ... High Court of Delhi held :
"5. ...... Section 210 of the Code of
Criminal Procedure lays down the
procedure to be followed when there
210, Cr.P.C.
5. ... ... ...
6.In the present case, the Magistrate did not act at the beginning
strictly in accordance with S. 210 , Cr ... just that there should be one trial and Section 210
of the Code of Criminal Procedure is a procedure beneficial to the accused
and that
dismiss the complaint under Section 203 Cr.P.C., in as
much as there is nowhere in the Criminal Procedure
Code a bar to take ... 210 Cr.P.C. makes it
Case No. Crl. Rev./212/2017
Case No. Crl. Rev./213/2017
Case No. Crl. Rev./214/2017 Page
Cr.P.C . deals with the complaint case. The
relevant section in this case in Section 210 Cr.P.C. which is as under:
CR ... Court is directed to follow the procedure of Chapter XV and
XVI of Cr.P.C . specifically Sec.210 Cr.P.C. Accordingly, the revision
application filed by the
petitioner under Section 210 Cr.P.C. for clubbing of criminal trial in case
titled as "State Versus Darshan Singh ... upon the trial Court to club the cases as provided
under Section 210 Cr.P.C.
Learned counsel for the respondent has not been able
offences under Sections 498-A , 406 and 323 IPC.
Counsel for the petitioners has submitted that offence
under Section 323 IPC is non-cognizable.
Counsel ... court of the
concerned Magistrate. The Section 210 Cr.P.C. specifically states
that in case, criminal complaint is pending qua the same offence
such eventuality, there is provision in the criminal
procedure code provided under Section 210 Cr.PC. how to
proceed and the revisional court has rightly ... both cases require to be
amalgamated in view of provision of Section 210 Cr.P.C., hence
the Chief Judicial Magistrate, Madhepura is directed
Section 173(8) Criminal Procedure Code in the case instituted on a
police report. Similarly, the Magistrate has powers under Section
202 Criminal Procedure Code ... private complaint in terms of that Section. The provisions of Section
210 Criminal Procedure Code use the expression 'shall' requiring
the Magistrate
D.Ramesh vs V.Vijayakumar on 31 July, 2018
Author: R.Suresh Kumar
Bench: R
