Odi Jerang vs Nabajyoti Baruah - 2023 Supreme(SC) 1790

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1790

ABHAY S. OKA, PANKAJ MITHAL
Odi Jerang – Appellant
Versus
Nabajyoti Baruah – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Preeti Gupta, AOR
For the Respondent: Mr. Parthiv K. Goswami, Sr. Adv., Mr. Rahul Pratap, AOR, Ms. Atiga Singh, Adv., Mr. Abhimanyu Tewari, AOR, Ms. Eliza Bar, Adv.

Table of Content
1. summary of facts related to complaint and procedural history. (Para 2)
2. argument regarding belated objection to summons. (Para 3)
3. mandatory compliance with section 202 of crpc. (Para 4 , 5)
4. conclusion emphasizing priority for case disposal. (Para 6 , 7)

ORDER :

2. The petitioner is the complainant in a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (for short "CRPC") alleging offences punishable under Sections 120-B, 406, 420 read with Section 34 of the INDIAN PENAL CODE . The learned Magistrate on 2nd May, 2017 issued summons after examining the petitioner under Section 200 of CRPC. Thereafter, the case made progress and evidence of 7 witnesses was recorded before framing of charge. At that stage, the respondents-accused raised an objection on the ground that though some of the accused were residing at a place beyond the area covered by the jurisdiction of the learned Magistrate, the mandatory requirement of Section 202(1) of CRPC was not followed. On that ground, the order issuing summons was challenged by the respondents by invoking Section 482 of the CRPC before the High Court. The High Court relied upon a decision of this Court

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