Section 202 crpc enquiry bombay high court
Adv Bharat
(Querist) 05 April 2012
This query is : Resolved
I have filed a criminal defamation for my client u/s ipc 499 but I have now come to know that there has been a change by Legislature in the CrpC that if the accused is beyond the juridisction of the Court it is mandatory that the Jduge will hold enquiry himself or direct the police to conduct inquiry and cannot straightaway issue process to the accused even if the complaint and his witness have given their verification statement. Case is at Thane and the accused are from Chennai.
I also came to know that in 138 NI case at Bombay High Court this very issue of 202 crpc comply was put before the larger bench.
I want to know if there has been a decesion for 202 crpc enquiry as was told by to be placed before the larger bench or it is still not come and what has been the decision.
Is that decision in 138ni case applicable in the case of ipc 499 also regarding 202 crpc enquiry?
please guidance me,
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 April 2012
Yes sir it is referred to larger bench but nothing is known so far in this matter.
It was in the =
CRIMINAL APPLICATION NO.1344 OF 2010 by their Lordships Justice Kande-
30. In the present case, large number of applications have
been filed under section 482 of the Criminal Procedure Code,
alleging non-compliance of the provisions of section 202 and
a relief is claimed that the process issued by the Magistrate
may be quashed. If there are conflicting judgments of the
same High Court, it would create uncertainty in the mind of
the learned Magistrate regarding course of action which has
to be followed by him and, therefore, in my view, this is an
important issue which needs to be finally resolved by the
Division Bench or larger Bench of this Court.
SO PLEASE FIND OUT AND SUMBIT FOR INFORMATION OF OTHERS, SINCE IT IS MORE IMPORTANT ISSUE.
PARTHA P BORBORA
(Expert) 05 April 2012
Section 499 is the definition . U can not file a case under Section 499 IPC. It should be Section 500 IPC.
Shonee Kapoor
(Expert) 05 April 2012
Lets wait for the judgment of the larger bench then.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv Bharat
(Querist) 05 April 2012
sirs,
i am sorry, the petition is under ipc 499 and 500 both. does this mean that the process would not be issued straightaway after taking the statement of witness on oath and the statement of witnesses. Document relied upon is the advertisment by a company in a local newspaper declaring my client to be an absconder with company money even though he was terminated and even given a relieving and experience letter. so...will the process be issued or it will go out for police inquiry.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 April 2012
It is a simple issue and irrespective of provisions of 202 even in normal course at the most enquiry by police.
V R SHROFF
(Expert) 06 April 2012
Magistrate can order 202 inquiry to verify the allegations & complaint. After 202 inquiry report, ,and Argument, if Magistrate satisfy, will issue process.
