T.V. NALAWADE, J.

1. The proceeding is filed to challenge the order of issue process made in private complaint bearing R.C.C. No. 180/2006 by the Court of Judicial Magistrate, First Class, Kallamb, District Osmanabad. Heard the learned counsel for petitioner and the learned APP. The counsel for original complainant Shri Magare did not turn up.

2. Only one point was argued by the learned counsel for petitioner. He submitted that the cognisance of the matter is taken by Kallamb Court from Osmanabad district without making any enquiry under section 202 of Criminal Procedure Code, 1973 as made necessary by amendment to section 202 which came in force from 24.6.2006.

3. This Court has gone through the copy of complaint. It shows that the matter is pending in Kallamb Court, but almost all the accused are residents of Ahmednagar district, section 202 of Cr.P.C. 1973 runs as under:-

"202. Postponement of issue of process:-

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognisance or which has been made over to him under section 192, may, if he thinks fit, and shall in a case where the accused is residing at a place beyond the area in whic