Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments - However, if it is found that subsequent FIR is abuse of process of law and same is lodged only..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Criminal Procedure Code, 1973, Section 482, Companies Act, 1956, Section 210(1) -- Failure to lay balance sheet and profit and loss account in Annual General Meeting which was held in 2005 - Accused/Director of company resigned in 1997 since then he was not acting as Director of company - Other five similar complaints against accused with respect to meetings held on dates..........
Criminal Procedure Code, 1973, Section 210, 223, Indian Penal Code, 1860, Section 302 -- Complaint case and FIR arising out of the same incident - Version in complaint case and FIR totally different - Both cannot be clubbed if the version in the two cases are materially different, contradictory and mutually exclusive - Two trials should be conducted by the same presiding..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case - Complaint also pending before police for investigation - Magistrate to stop proceeding in the complaint case and is to call for a report from the police - After report is received from police, he is to take up the matter together and if cognizance has been taken on the police report, he is to try the complaint..........
Criminal Procedure Code, 1973, Section 210, 465 -- Provision of S.210 Cr.P.C. is mandatory - Non compliance - Not fatal to prosecution case unless error, omission or irregularity has also caused the failure of justice...........
Criminal Procedure Code, 1973, Section 210 -- Complaint case - Complaint also pending before police for investigation - Magistrate to stop proceeding in the complaint case and is to call for a report from the police - After report is received from police, he is to take up the matter together and if cognizance has been taken on the police report, he is to try the complaint..........
Criminal Procedure Code, 1973, Section 210, 465 -- Provision of S.210 Cr.P.C. is mandatory - Non compliance - Not fatal to prosecution case unless error, omission or irregularity has also caused the failure of justice...........
Criminal Procedure Code, 1973, Section 210, 190 -- Private complaint and police investigation in respect of the same offence - In case investigation by police is in progress in respect of the same offence then proceedings of complaint case are to be stayed and Magistrate to call for record of police officer conducting the investigation - Provision of S.210 Cr.P. can be..........
