...exercised his powers under sub-section (1) of Section 210 CrPC and not staying the complaint proceeding, has committed serious error and, therefore, the complaint proceeding should be quashed....5. Having examined the provisions of Section 210 CrPC, more particularly sub-section (3) of Section 210, we have no hesitation to come to the conclusion that the High Court...-section (1) of Section 210 CrPC and, therefore, the impugned order cannot be sustained. We accordingly set aside the impugned order of the High Court and direct that the complaint case be proceeded with. This appeal stands allowed ...

...allegations, it is submitted that Section 210 CrPC leaves no doubt that FIR under Section 154 CrPC can be registered during the pendency of the complaint case on the very same set of facts/allegations...is submitted that even otherwise as per Section 210 CrPC, the proceedings before the Magistrate during pendency of the investigation by the police in the FIR are required to be stayed by the learned....15. At this stage, Section 210 CrPC is required to be referred to, which reads as under:“210. Procedure to be followed when there is a complaint case and polic...

...principle has been statutorily recognised in Section 210 CrPC which enjoins upon the Magistrate, when it is made to appear before him either during the inquiry or the trial of a complaint, that a...police report. The aim of the provision is to safeguard the interest of the accused from unnecessary harassment.14. The provisions of Section 210 CrPC are mandatory in...nature. It may be true that non-compliance with the provisions of Section 210 CrPC, is not ipso facto fatal to the prosecution because of the provision of Section 465 CrPC, unless error, omission or...

...proceeded in the trial of cases adopting the procedure provided under Section 210(2) CrPC, although it was pointed out to the learned Sessions Judge that since none of the accused in both the cases was...common, the procedure prescribed under Section 210(2) CrPC could not be legally adopted and the procedure prescribed under Section 210(3) would be applicable to the facts of the case. It was also...210 CrPC provides for the procedure to be followed when there is a complaint case and a police investigation in respect of the same offence. He submitted that sub-section (2) of Section 210 makes it...

...not be launched. 1 Learned AGA submits that appropriate remedy is available to the applicants U/s 210 CrPC which reads as under...inquiry or trial, which was stayed by him, in accordance with the provisions of this Code." Considering the provision of section 210 CrPC, it is desirable that the applicants shall move an...application U/s 210 CrPC before the court concerned and the same shall be considered and decided by the court concerned in accordance with law. It is made clear that till the disposal of the...

...section 210 CrPC to get progress report and issue appropriate directions. Accordingly, petitioner may approach the learned Magistrate. If petitioner approaches the learned Magistrate...

...proceeded upon as aforenoticed and secondly, he could file a complaint under Section 200 CrPC, whereupon the Magistrate shall follow the procedure provided under Sections 200 to 203 or 204 to 210...the report first, deferring the hearing of the complaint till then.34. Section 210 CrPC is another significant provision with regard to the powers of the court where...investigation while keeping the trial pending before him instituted on the basis of a private complaint in terms of that section. The provisions of Section 210 CrPC use the expression “shall” requiring the...

..., called for a report from the Investigating Officer in accordance with Section 210 of the Code of Criminal Procedure (‘CrPC’ for short). In the meantime — on 16-12-1988 to be precise — Mr Gill moved the...learned Magistrate, who was in seisin of the complaint case, to proceed with it in accordance with Section 210 CrPC, but then we find from the records placed before us by Mr Sanghi, the learned...view of our earlier findings, to direct the Magistrate to proceed with the complaint in accordance with the provisions of Section 210(3) CrPC, but having regard to the police report and the manner in...

...may be consigned to record with liberty to applicant to prefer an application in terms of Section 233 BNSS, akin to Section 210 CrPC, as also to take benefit of the judgment passed by the Hon'ble Apex..., akin to Section 210 CrPC, the same Versus Counsel for Applicant(s) : Adarsh Shukla, Prince Singh Counsel for Opposite Party(s) : G.A. Firoj Ali...

...applicant to prefer an application in terms of Section 233 BNSS, akin to Section 210 CrPC, as also to take benefit of the judgment passed by the Hon'ble Apex Court in the case of...of Section 233 BNSS, akin to Section 210 CrPC, the same shall be considered and decided expeditiously in accordance with law. 6. Taking note of the facts of the case and also the...

.... Although it will appear from the above that under Section 210 CrPC, the Magistrate may try the two cases arising out of a police report and a private complaint together, the same, in our view, contemplates a...prejudicially affected and that it is expedient to amalgamate cases.17. Regarding the argument based on Section 210(2) of the Code, it is useful to refer to the decision of...which reads as under:( & 30)“27. Sub-section (2) of Section 210 provides that if a report is made by the investigating officer under Section 173 and on such report...

...counsel for the petitioners cannot be accepted because Section 210 CrPC does not place an embargo on taking cognizance on a complaint when investigation is over. Further, sub section (3) of Section 210....1778 of 2013 and in criminal revision no.84 of 2015, respectively. It appears from the record that a First Information Report was lodged through an application under Section 156 (3) CrPC, which...of the complainant as well as witnesses was recorded under Sections 200 and 202 CrPC and, on the basis of the statement so recorded, upon finding that prima facie case to proceed against the accused...

...quashing the complaint case merely because the Magistrate had not exercised his powers by staying the complaint case under sub-section (1) of Section 210 CrPC and, therefore, the impugned order cannot be...Agarwal v. Sanjay Sharma, (2021) 5 SCC 524. “16. Thus, as per Section 210 CrPC, when in a case instituted otherwise than on a police report i.e.... Although it will appear from the above that under Section 210 CrPC, the Magistrate may try the two cases arising out of a police report and a private complaint together, the same, in our view, contemplates...

...a nutshell, counsel for the pe$$oner argued that the Magistrate did not comply with mandatory provisions of Sec$on 210 CrPC, and as such, the order of issuance of summons is illegal, non-applica$on...210(2) CrPC, 1973. 7. Analyzing the above arguments would lead to the following outcome. It would be relevant to extract Sec$on 210 CrPC, which reads as follows...Code. 8. A plain and straighQorward reading of Sec$on 210 CrPC points out the Magistrate's obliga$on to ascertain whether, on the allega$ons pertaining to the same...

...to move an application for amalgamation of both proceedings as contemplated by section 210 CrPC, therefore, it is open to the applicants to move such application before the court concerned. If any...such application is moved, the same may be given due consideration. The summoning order seems to be based on materials collected under section 200 CrPC and, therefore, requires no...interference. The petition under section 482 CrPC is dismissed with the aforesaid observations. Order Date :- 19.8.2010 RKSh Neutral Citation No. - 2010:AHC:104059 ...

...upon police report. The aim of the provision is to safeguard the interest of the accused from unnecessary harassment.14. The provisions of Section 210 CrPC are mandatory in nature. It...may be true that non-compliance of the provisions of Section 210 CrPC, is not ipso facto fatal to the prosecution because of the provision of Section 465 CrPC, unless error, omission or irregularity.... In spite of the same, the Magistrate, without complying with the provisions of Section 210 of the Cr.P.C, proceeded with the complaint. Section 210 of the Cr.P.C reads as under :-“210...

...Section 210 CrPC, which are as under: "210. Procedure to be followed when there is a complaint case and police investigation in respect of the... paragraph 8 of the affidavit, the applicant is at liberty to move an application under Section 210 CrPC before the Magistrate concerned to stay the proceedings of the...and the learned AGA. 3. It is submitted by the learned counsel for the applicant that on the basis of false and frivolous allegations an application U/S 156(3) CrPC...

...Judicial Magistrate ought to have stayed the proceeding under Section 210 CrPC. The third limb of argument advanced by the learned counsel is that the complaint has not made out any offence...police under Section 156 (3), no irregularity has been committed by the learned Magistrate. 9. As to the submission regarding stay of the proceeding under Section 210 CrPC, it...Section 210 CrPC. It is also revealed from the submission, that the petitioner also did not file any application under Section 210 CrPC before the Magistrate for stay of the proceeding in view of...

...two proceedings have been initiated, then those proceedings should be clubbed under section 210 CrPC, but the trial court had erroneously rejected such request of applicant. He further submitted that...Section 210 CrPC provides as to when two proceedings on the basis of two orders of cognizance or one cognizance and another investigation or inquiry may be carried out. This pertinent point was not...of 2014. in this case, after accepting evidences under section 200 and 202 CrPC, the court of ACJM-II, Aligarh had passed order of cognizance and summoning against opposite party no.-2 (Ranjeet) on...

.... I have considered the rival submissions and perused the record. 6. Section 210 of CrPC deals with a situation where two parallel proceedings are pending on the basis...of same allegation. Provisions of section 210 CrPC read as under: "(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a...the provisions of Section 210 CrPC, held as under: "I am of the view that in respect of the same subject matter, a police report under section 173(2) CrPC is...