Intervention of accused before issuing of process
Adv.Vishal Anil Vyavahare
(Querist) 24 November 2013
This query is : Resolved
Hi Sir,
Is there any provision or case law to intervene for the accused in the proceeding u/s. 202 of crpc.before issuing the process.
Please suggest.
Vishal A. Vyavahare
Advocate
Biswanath Roy
(Expert) 25 November 2013
My dear Learned friend,
I cannot understand why you are keenly desirous to intervene in the proceeding before issuing the process? Why ? What for ? Is there any strategic plan in your mind? Disclose.
Ms.Nirmala P.Rao
(Expert) 25 November 2013
It is clearly mentioned in section 202 Cr.P.C itself. Before issuance of any process the Magistrate who is authorized to take cognizance of a criminal case may in order to satisfy himself whether there is sufficient ground for proceeding with the criminal complaint/case or not the Magistrate may inquire into the case himself or direct a police officer or such person as he thinks fit to investigate etc. The Magistrate must satisfy himself on a preliminary Inquiry whether there is a prima facie criminal offence is made out or not and after such prima facie criminal case is established on preliminary inquiry only he can issue either a summons or warrant etc for further investigation or inquiry etc. If you wish to thank me for this reply please click the thank you button on my profile.
Rajendra K Goyal
(Expert) 25 November 2013
Academic query, citation is not provided at this section.
T. Kalaiselvan, Advocate
(Expert) 26 November 2013
How did you come to know about the Cr.P.C. section 202 case against you even before there was a process to serve yo with a notice so where is the question of intervention?
Vijyant Nigam (09807349001)
(Expert) 26 November 2013
No provision.
even the court has yet not taken cognizance of any case against you.
simply wait n watch...
ajay sethi
(Expert) 26 November 2013
wait and watch . let investigations be carried out .
ajay sethi
(Expert) 27 November 2013
thanks for your appreciation
