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
IPC while complaint has been made under Section 504 , 506 , 302 IPC.
5. Learned counsel for applicants sought to rely on Section 210 Cr ... submitted under Section 304 IPC while in complaint Magistrate has summoned applicants under Section 504 , 506 , 302 IPC. Therefore, Section 210 Cr
Moreover, in
view of Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973 (for
short " Cr.P.C ."), a Court ... ground that Section 210 Cr.P.C. is not attracted in the instant case as
according to sub-section (1) thereof, the said provision comes
petitioner that the police was only investigating under Section 304-A IPC
hence Section 210 Cr.P.C. is not applicable to the complaint ... which is only against the landlord and
under Section 304-A IPC and thus Section 210 Cr.P.C. would not apply to
the facts
210 of the Code of Criminal Procedure, 1973 (for short
` Cr.P.C .).
The learned trial court issued summons under Section 210
Cr ... accused under Section 210
Cr.P.C.
This Court has carefully gone through the provisions of Section
210 Cr.P.C. along with the judgments
related to the same set of facts, therefore, an application under Section 210 Cr.P.C. was moved before the court concerned to consolidate both ... concerned Magistrate has not taken into consideration the specific provisions of Section 210 Cr.P.C. in right perspective. Continuation of proceeding of aforementioned State
offences under
Sections 494 , 498(A) and 506(i) IPC. He further submitted that
under Section 210 Cr.P.C there is absolutely ... Constitution or Section 300
Cr.P.C.”
7.The Honourable Supreme Court of India has held that under
Section 210 Cr.P.C the Magistrate
compliance of section 210 (2)
Cr.P.C. Once the final report under
section 173 Cr.P.C. was before the
Judicial Magistrate Ist Class ... permitted to continue."
Section 210 (1) Cr.P.C. is extracted
below for ready reference:
"210. Procedure to be followed when
there
210 ,Cr.P.C., contending that a report under section 173 has already been made by the investigating police officer under Section 173 Cr ... respect of the same offence. The Section 210 Cr.P.C. is quoted as under:
"210. Procedure to be followed when there
have clubbed the same together,
in view of provisions of Section 210 Cr.P.C., which was filed before
discharge of petitioner in FIR case ... case and complaint against the petitioner, in view of
provisions of Section 210 Cr.P.C., the petitioner cannot be made liable to
face trial
