JUDGMENT :

1. In light of the cleavage of opinion on the aspect whether the amendment in Section 202, sub clause(1) of the Code of Criminal Procedure, contemplating an inquiry before issuance of process by the Magistrate, where the accused is residing outside the jurisdiction of the Court, is discretionary or mandatory, a larger Bench was constituted by the then, Hon’ble The Chief Justice.

Justice V.M. Kanade, (as His Lordship then was), in his order dated 9/7/2010 passed in Criminal Application No. 1344 of 2010, expressed his view that the amendment is directory and not mandatory, whilst he expressed disagreement with Justice S.C. Dharmadhikari (as his Lordship then was), who in his order passed in Criminal Application No. 2640/2009 was of the view, that the amended provision is mandatory in nature.

2. Reference made to the larger Bench was required to be deferred in the wake of the scenario, that the Appeal (Criminal Appeal No. 276/2013) preferred against the impugned order was pending before the Apex Court and subsequently, in light of the Appeal being decided on 23/9/2021, the matter is once again placed before the larger Bench, which is reconstituted on 31/10/2023.

3. We have