Enquiry u/s 202 crpc
sanjay
(Querist) 14 March 2012
This query is : Resolved
Can the accused persons file evidence before the magistrate in their support during enquiry u/s 202 CrPC before cognizance is taken in a session triable case ? Evidence such as PM report, inquest memo, FSL report etc in a case of custodial death alleged as murder by the complainant & which is not placed before the magisrate, Can it be filed on behalf of the accused persons ? If so, what are the authorities on this issue ?
Raj Kumar Makkad
(Expert) 14 March 2012
Enquiry under section 202 takes place prior to notice to the accused so he gets no such opportunity, however, he may file revision against the order of summoning or may go under section 482.
kuldeep kumar
(Expert) 14 March 2012
BEFORE COG IS TAKEN ACUSED ROLE IS WAIT N WATCH BUT IF SOME FINAL ORDER IS PASSED WHICH HAS THE EFFECT OF TAKING ANY CONCRETE RIGHT SURELY GO AS ADVISED ABOVE.
Adv.R.P.Chugh
(Expert) 14 March 2012
Accused has no role to play at the stage of preliminary enquiry/investigation u/s 202....and what he cannot do directly cannot be done indirectly as well - by resorting to revision. I differ with Ld.Makkad Sir on that. An order of Issue of process is an interlocutory order - revision is not permissible. However exceptional powers u/s 482 are always there
Deepak Nair
(Expert) 14 March 2012
Accused cannot file evidences at the stage of enquiry under sec.202.
The accused can approach the High Court for quashing of process under sec.482 of crpc.
Shonee Kapoor
(Expert) 14 March 2012
No.
And I differ that quash is not based on evidence of the accused.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 14 March 2012
Unless the cognizance is taken, accused has no right of audiance.
Arun Kumar Bhagat
(Expert) 14 March 2012
Anyone can file any petition before the Court at any stage and the Court can not refuse to accept the same. Accused can file such petition but the court shall not pass any order.
