Joy Bose 11 February 2020
Section 202 - Postponement of issue of process.
Any case which has come to a magistrate under section 192 of the CrPC, if he thinks fit that, the area where accused resides, does not come under his jurisdiction, may postpone the proceeding. Now, the magistrate can direct police or a person he thinks fit, the purpose of deciding whether there is sufficient ground for proceeding.
Provided that no such direction for investigation shall be made—
where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions; or
where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
Regards,
Joy Bose
Dr J C Vashista (Advocate) 13 February 2020
What is the problem, if it is not an acdemic exercise ?
P. Venu (Advocate) 13 February 2020
Yes, what is the context as well the material facts?