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AJOY KUMAR MUKHERJEE
Vivek Agarwal – Appellant
Versus
Raja Acharji – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - The present revisional application has been directed for quashing the impugned proceeding being C. Case No. 3436 of 2018 under Sections 389 of the Indian Penal Code pending in the court of 10th Judicial Magistrate, Alipore, South 24 Parganas.
2. The subject matter under challenge in the present revisional application mainly relates to order dated 13.09.2018 passed in C. Case No. 3436 of 2018 by the learned 10th Judicial Magistrate, Alipore, South 24 Parganas, wherein the learned Magistrate was pleased to issue summon under Section 204 of the Code of Criminal Procedure (in short 'the code') against the petitioner/accused person for the offence committed under Sections 389 of the Indian Penal Code (in short 'IPC').
3. For better understanding regarding the contents of the impugned order, let me reproduce the relevant order passed by the concerned Magistrate.
'Order Dated: 13.09.2018 Today is fixed for S/A.
Complainant is present by filing hazira. The record is taken for S/A.
The complainant has been examined on dock and discharged.
Perused the materials on record carefully and the deposition.
Prima facie it appears that a case under Section 389 of IPC has
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....
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....
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.
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 must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
Compliance with Section 202 Cr.P.C is mandatory when the accused resides beyond the court's jurisdiction to prevent false complaints and protect innocent persons from harassment.
Point of Law : Magistrate had issued summons without meeting mandatory requirement of Section 202 CrPC, though the appellants were outside his territorial jurisdiction. The provisions of Section 202 ....
An enquiry or investigation is mandatory before issuing process against an accused residing beyond the territorial jurisdiction of the concerned Magistrate, as per the provisions of Section 202(1) Cr....
The inquiry under Section 202 Cr.P.C. is mandatory when the accused resides beyond the Magistrate's jurisdiction, and summoning an accused in a criminal case is a serious matter requiring the applica....
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