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AJOY KUMAR MUKHERJEE
Shaukat Khan @ Mithu @ Shaukat Ali Khan – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - The present revisional application under Section 397/401 read with Section 482 of the Code of Criminal Procedure has been preferred for quashing of proceedings in connection with C.S. case no. 45734 of 2019 under Sections 406/506 of the Indian Penal Code, presently pending before the court of the learned 12th Metropolitan Magistrate, Calcutta.
2. The opposite party no. 2 filed a written complaint against the petitioner herein and the sum and substance of the written complaint is as follows:
i) Accused petitioner is cousin brother of opposite party no. 2/ complainant who used to visit Kolkata at his place each and every month.
ii) On or about 2nd March, 2019 petitioner came to the opposite party no. 2's place and requested him to lend a sum of Rs. 60,000/- and opposite party no. 2 told the petitioner to come to his office at Kolkata -16 at 12.30 hours In the presence of colleagues of the opposite party, the opposite party paid Rs. 60,000/-to the petitioner.
iii) At the time of receiving the said amount, the petitioner promised to pay the loan amount within 15 days but when it is not paid on expiry of 15 days the opposite party requested the petitioner
The mandatory provision of Section 202 of the Code of Criminal Procedure must be followed before issuing process against the accused residing outside the jurisdiction.
The main legal point established in the judgment is the mandatory requirement of conducting an inquiry under Section 202 of the Code of Criminal Procedure before issuing process against an accused re....
It is mandatory for a Magistrate to conduct an inquiry or investigation before issuing process against an accused who resides beyond the territorial jurisdiction of the Magistrate.
The Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
The mandatory requirement of conducting an inquiry under Section 202(1) Cr.P.C. before issuing a summoning order, especially when the accused resides outside the territorial jurisdiction of the Magis....
A Magistrate is required to conduct an inquiry under Section 202 of the Cr.P.C. before issuing process against an accused residing outside the jurisdiction of the Court to prevent the harassment of i....
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
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