In a private compliant of forgery before a magistrate where accused are resident outside his territorial jurisdiction magistrate after examining the complainant deferred issue of process under section 202 and transferred the matter for police investigation. In this case there is already enough material including the original forged document before the court sufficient to issue a process there is nothing additional that the local police can investigate and bring to light. The police normally cannot investigate beyond its territorial jurisdiction (where the accused reside or where the forgery might have occurred)
I know the mandatory provision of inquiry u/s 202 when accused are resident beyond the territorial jurisdiction but the inquiry leads to nothing and is a total waste of time. Is there any legal possibility to by pass this inquiry which yields nothing.
The court has given a long date for receipt of police report in between the complainant wishes to examine few other witness u/s 202(2) that can bring more confidence to magistrate to issue the process (though not required per se as there is already enough material before the court) can these witness be examined before the next date given in the matter.If so how? Does the complainant have to wait for the next date and only on the next date an application can be moved for this. The issue is to save the time between today and the next long date and get the witness examined in between. If there is a rule/ law etc that makes it binding on the court to allow such an application seeking production of witness. The idea is also not to solely base the opinion of court wrt to issue of process on police report (which can of course be malafide if somebody wants) but to also base the opinion of the court upon the witness too examined under process of section 202 of Cr.P.C
1. Is an application seeking to examine witness be accepted before the next date? If so please share the rule/ law etc that makes it binding on the court to accept such application
2. Is there a way to prepone the next date of hearing or for calling the court file before the next date so that an application seeking to examine witness can be put before the court
