...Additional Session Judge, Court No.7, Gorakhpur in Crl. Revision No. 126 of 2016 respectively. By the order dated 25.04.2016, the application of the petitioner, purportedly, under Section 210(2) Cr.P.C., was...rejected and by order dated 17.01.2017, the revision preferred against the said order was dismissed. It appears that the application under Section 210 (2) Cr.P.C. was filed on...affirmed the above view as taken by the court below. I do not find any illegality in the order passed by the court below because the applicability of section 210(2) Cr.P.C. would arise only when...

...Section 210(2) Cr.P.C., was rejected and by order dated 17.01.2017, the revision preferred against the said order was dismissed. It appears that the application under Section 210 (2) Cr.P.C. was...court also affirmed the above view as taken by the court below. I do not find any illegality in the order passed by the court below because the applicability of section 210(2) Cr.P.C. would...therefore it could not have been tried along with an offence punishable under Section 406 I.P.C. by taking recourse to the provisions of section 210(2) Cr.P.C. The petition is dismissed. Order Date :- 11.5.2017 Sunil Kr Tiwari Neutral Citation No. - 2017:AHC:78429 ...

...applicants filed an application under Section 210 (2) Cr.P.C on 23.10.2013. On 23.7.2015, after granting exemption to the complainant/O.P. No.2, the learned Magistrate in view of...press the application under Section 210(2) Cr.P.C. Having heard learned counsel for the parties and perusing the records, the Court is of the view that it would be in the interest of justice and in...concerned through counsel to press the application under Section 210 (2) Cr.P.C along with the certified copy of this order positively within three weeks from today, which shall be...

...appears that the petitioner had invoked the provisions of section 210(2) Cr.P.C. for consolidating the case under Section 406 I.P.C. with other cases pending under Section 138 N.I. Act. The...application under Section 210(2) Cr.P.C. was misconceived because the two offences are completely distinct and separate therefore the provisions of section 210(2) would not be attracted. The principle... Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3059 of 2017 Petitioner :- Jagdish Prasad Gupta Respondent :- State Of U.P. & Another Counsel for...

...and the other as a complaint case in relation to the same offence and by referring to Section 210(2) Cr.P.C., submission has 1...applicants submits that the applicants may be permitted to file an application under Section 210(2) Cr.P.C. and till then, the interim protection granted by this Court under the aforesaid order may..., although this Court does not find any error in rejection of discharge application as the circumstances enumerated under Section 227 Cr.P.C. do not exist, nevertheless, it is a case where Section 210(2) can be invoked. 7. In view of the above, the revision is disposed of and without interfering with the order dated 27.02.2024, the applicants are permitted to move an application under Section 210(2) Cr.P.C. before...

...AGA has submitted that if the Court finds that police challani case is also pending, the learned Magistrate shall try the aforesaid police challani case together and proceed under Section 210(2) Cr.P.C. So...Magistrate to try the complaint case as well as the police challani case together and proceed under Section 210(2) Cr.P.C., as police challani case. Order Date :- 22.3.2017 Rakesh/- Neutral Citation No. - 2017:AHC-LKO:5271 ...applicants have filed this application under Section 482 Cr.P.C., for quashing of the summoning order dated 19.10.2015, passed by Additional Chief Judicial Magistrate, Court No.25, Barabanki in Case No.1117...

...extracted below Further by virtue of Section 210(2) of Cr.P.C. both the matters can be clubbed together and tried together treating as if both the cases are instituted on a...Sub-section (1) of Section 210 of Cr.P.C. cannot be construed to refer to a particular provision of law defining certain offence. But it must be deemed to denote the incident or transaction in which an offence or offences have been committed. 14. However, under Sub-section (2) of...the report under Section 173 of Cr.P.C. has been filed by the police, it cannot be said that because the stage for invoking Sub-section (1) of Section 210 of Cr.P.C. has crossed, the other provisions under it are not applicable. 15. For application of Sub-section (2) of...

...-10 filed under Section 210 (2) Cr.P.C., by the applicants has been rejected. as well as the proceedings of Criminal Revision No. 337 of 2015, arising out of the Case Crime No...applicants are summoned. Learned counsel has next contended that since the revision was kept pending and the applicants moved an application under Section 210 (2) Cr.P.C., to reject.... 448-C of 2014, Police Station Nahtaur, District Bijnor. Learned counsel for the applicants contends that on application under Section 156 (3) Cr.P.C., filed by the opposite party no.2...

...order dated 31.1.2013 issued directions that as per provisions of Section 210 (2) Cr.P.C., the State case and Complaint Case are to be tried together and ordered that both...and appraisal of record of this case, there is no dispute on the fact that application under Section 210 (2) Cr.P.C. was filed before learned Sessions Judge and order dated.... The requirement of Section 210(2) Cr.P.C. is also to that extent. For ready reference, Section 210(2) Cr.P.C. is being extracted hereunder:- (2) If...

...and others) and also to quash the order dated 29.06.2015 passed on the application under Section 210 Cr.P.C. in Case No. 328 of 2013 arising out of N.C.R. No. 188 of 2012 under Section 323, 504, 506 IPC, pending before Judicial Magistrate, Court No. 20, Deoria and also to command the learned court below for passing a fresh order under Section 210 Cr.P.C. 2. It...raised by the applicants. 4. Learned A.G.A. argued that under Section 210 (2) Cr.P.C., both the cases shall be tried together. There is no any provision.... No. 188 of 2012 filed the complaint in which present applicants have been summoned. Under the provision of Section 210 (2) Cr.P.C. in such a situation both the cases shall...

..., therefore, as per the provision of under Section 210 (2) Cr.P.C. the learned Magistrate may be directed to follow the aforesaid procedure and try both the cases together. For the aforesaid reasons, I...in respect of the same dispute between the parties, it is directed that the learned Magistrate shall follow the procedure as provided under Section 210 (2) Cr.P.C. In view of the above, this...the State. The applicants have filed this application under Section 482 Cr.P.C. for quashing of the charge-sheet arising out of Case Crime No.1436 of 2014, under Sections 498-A, 323, 406, 506...

...relegated the petitioner to avail the provisions of Section 210 Cr.P.C. Thereafter the petitioners moved an application availing the benefit of Section 210 Cr.P.C. which was rejected by order dated 28.11.2016 by observing that the other case has been committed to the court of sessions, therefore, at that stage, the Magistrate would have no power to try both the cases under section 210(2) Cr.P.C...Court in the aforesaid two applications under Section 482 Cr.P.C. were not assailed by the applicants before the Apex Court but it appears that the applicants filed a time barred revision against the... Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2655 of 2017 Petitioner :- Jagarnath And 5 Others Respondent :- State Of U.P. And Another Counsel for...

...Inquiry, the same was posted for hearing and as such, the court should have proceeded with in accordance with the provision of Section 210(2) Cr.P.C as the petitioner had put...the protest petition, but the court did not pass order on the protest petition, rather in terms of Section 210(2) Cr.P.C the court was obliged to proceed with. At this...accordance with the provisions of this Code.”7. From its perusal, it does appear that before resorting to provisions under Section 210(2) Cr.P.C two essential...

...Section 210(2) Cr.P.C to submit that the complaint case and FIR were liable to be clubbed. Section 210(2) Cr.P.C reads as under...”Section 210(2) Cr.P.C is not applicable to the facts of the present case as in the present case FIR No. 251 dated 27.11.2007 has been lodged against the complainant- Vikram...:-“210 (2)If a report is made by the investigating police officer under Section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the...

.... Thus, complaint itself was barred.4. At this stage, learned counsel for the applicants referred to the provisions of section 210(2) Cr.P.C5. On...provision of Section 210 Cr.P.C The finding of the court concerned in the order dated 22.9.2015 is that the case would be committed consolidating both the matters.10. If the provision of section 210(2) Cr.P.C...Section 210 Cr.P.C Only requirement of the law is that in such a situation, both the cases shall be tried together in accordance with section 210(2) Cr.P.C Thus...

...opposite party No. 2 and learned AGA argued that in view of Section 210(2) Cr.P.C. learned Magistrate was well within its right to adopt the particular procedure. It is...counsel for the opposite party No. 2 have drawn the attention of this Court towards Section 210(2) Cr.P.C. which provides that if a report is made by the investigating...for further investigation in the matter. The parallel complaint should have been stayed in view of Section 210(1) Cr.P.C. The argument does not take into consideration the mandate of Section 210(2) Cr.P.C...

...the same time, in case any challan had been presented as per Section 210(2) Cr.P.C a direction could have been issued to stall the proceedings and ask the Magistrate to...), therefore, the procedure prescribed under Section 210 Cr.P.C was not to be followed by the Magistrate, as held by a Co-ordinate Bench of this Court in Kamaljit Singh v...210 Cr.P.C For a proper and fair trial in the complaint the trial Court should have sought the police report on the investigation.The ratio of this judgment does not help the...

...trial. Since the applicant had moved the trial Court before filing of the report by the police and since now the report has been filed, the provisions of Section 210(1) Cr.P.C. will have no application. At this stage, the provisions of section 210(2) Cr.P.C.... will be applicable. Section 210(2) Cr.P.C. runs as under : "210...the report filed by the respondent no.1 at the Police Station. The Magistrate was also of the view that it would not be possible to club the complaint cases with the police case u/s. 210(2) of Cr.P.C...

.... 3492/2014 on a police report filed under Section 173(2) Cr.P.C When the complaint which lead to CC No. 939/2015 was pending, the complainant therein brought Crl.M.C.7530/2015 with the allegation that proper and necessary steps are not being taken by the court for enquiry and procedure as provided under Section 210 of...direction to the court below on 12.3.2015 as per common order in Crl.M.C 7184/2014 and 1530/2015 to proceed with the two cases as provided under Section 210(2) of the Cr.P.C The court...protest complaint against the final report submitted by the Police under Section 173(2) Cr.P.C That is why the Code of Criminal Procedure provides the Procedure under Section 210(2...

...seen that the Miscellaneous Petition in Crl.M.P No. 5535 of 2010 had been filed before the Court below under Section 210(2), Cr.P.C to pass an order clubbing together the...& 3 and hence the Petitioner herein filed a Protest Petition under Section 210(2), Cr.P.C, and it was treated as Private Complaint under Section 200...drew the attention of this Court to Sub-section (2) of Section 210 of Cr.P.C, which stipulates the procedure to be followed, when there is Complaint case and a case arising...