Tarachand 06 April 2018
Sirji /Madamji
Whether the Magistrate can himself make inquiry by taking statements on oath of the Complainant and the Witnesseses and then pass Order to issue summons of Accused who is residing beyond the jurisdiction of that Magistrate
or
It is necessary that the Magistrate must make proper inquiry through Police before issuing summons of accused residing beyond his jurisdiction
regard
HARIOM
SHIRISH PAWAR, 7738990900 (Advocate) 06 April 2018
Magistrate has to issue direction to police for inquiry.
Tarachand 06 April 2018
Sirji
Section 202 in The Code Of Criminal Procedure, 1973
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, [ and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,--
Whether the words "and either inquire into the case himself or direct an investigation to be made by a police officer" do not empower him to make inquiry by himself and issue summons to accused beyond territorial jurisdiction
please guide
and if possible tell some citataion of sc in this regard
HARIOM
Tarachand 06 April 2018
Sirji
Section 202 in The Code Of Criminal Procedure, 1973
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, [ and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,--
Whether the words "and either inquire into the case himself or direct an investigation to be made by a police officer" do not empower him to make inquiry by himself and issue summons to accused beyond territorial jurisdiction
please guide
and if possible tell some citataion of sc in this regard
HARIOM
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