Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.202 r/w.s.2(g) and s. 200 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s.202 r/w.s.2(g) and s. 200 - "Inquiry" in a case where accused is residing outside territorial jurisdiction of Judicial Magistrate - Nature and purpose of -Held: In such a case, before issuing summons to accused, inquiry u/s 202 is mandatory - In the instant case, Magistrate examined complainant on solemn affirmation and two witnesses and only thereafter directed issuance of process -This exercise by Magistrate for purpose of deciding whether or not there is sufficient ground for proceeding against accused is an inquiry u/s 202 - There is no error in impugned order of High Court rejecting the petitions of accused challenging the order of Judicial Magistrate directing issuance of process. WORDS AND PHRASES: Word 'shall' as occurring in s. 202 Cr. P. C. - Connotation |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 216 |
Petitioner | Vijay Dhanuka Etc. |
Respondent | Najima Mamtaj Etc. |
SCR | [2014] 4 S.C.R. 171 |
Judgement Date | 2014-03-27 |
Case Number | 678-681 |
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