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kishor chhabria   22 September 2021

Section 210(2) cr.p.c

Dear all

I need need expert opinion on the subject on Sec 210(2) Cr.P.c.

On a a private complaint u/Sec 156(3) FIR was registered and closure report u/Sec 169 along with `B` summary was submitted by the investigating officer in 2011

After several applications before the Hon`ble High Court further investigation was ordered u/Sec 173(8) and charge sheet was filed.

The Ld Magistrate merged both cases u/Sec 210(2) of Cr.P.c and trial was initiated. The prosecution called witnesses as list attached with charge sheet. and bypassed the witnesses as per list in the closure report.

I stepped into the witness box and evidence was recorder u/Sec 315 of C.r.Pc. and defense evidence is given for both  cases.

The Ld` Magistrate has passed orders of Acquittal only on charge sheet and not on the closure report where 'B' summary is pending which is failure of justice.

What are my options to proceed with trial in and get orders on 'B' summary.

Thanking you all in advance

Regards

K Chhabria

 

 



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 2 Replies

Vishwa Bhushan Arya (Service)     27 September 2021

what was the order of the merger?

Pradipta Nath (Advocate)     28 September 2021

Get the acquittal order copy first. Need to go through the order copy to form opinion!!

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