Compliance with the provision u/s 202 Cr.P.C. is necessary before issuing process against the accused residing outside the territorial jurisdiction of the magistrate.

JUDGMENT :

SUBHENDU SAMANTA, J.

1. This is an application u/s 482 of the Code of Criminal Procedure for quashing a proceeding being Complaint Case No. C-234 of 2017 pending before the Learned 2nd Court of Judicial Magistrate Asansol alleging offence u/s 420/120B of IPC and of order passed therein for sheer abused of process of law.

2. The brief fact of the case the present OP 2 has lodged a petition of complaint against the present petitioner before the Learned Chief Judicial magistrate, Asansol vide complaint case No. 234 of 2017 alleging offences punishable u/s 420/120B of IPC.

3. The address of the present petitioner was stated in the petition of complaint as-7, Hare Street, Kolkata-700001. After receiving the petition of complaint the Learned Chief Judicial magistrate Asansol, transfer the same complaint case to the Learned 2nd Court of Chief Judicial Magistrate Asansol for disposal.

4. After receiving such petition of complaint by the Chief Judicial magistrate 2nd Court Asansol, Learned Magistrate examine the complainant on SA and after considering the evidence and materials on record on issued process against the present petitioner u/s 204 of the Code of Criminal procedure for offence punishable u/s 420/120B. Again such order of issuance of process and, on merit, the instant criminal revision has been filed for quashing.

5. Detailed argument was advanced by the Learned advocates for the parties.

6. Heard the Learned Advocates at length.

7. It appears that the Learned Magistrate had issued process on receiving the complaint against the present petition u/s 204 Cr.P.C. The address of the accused person was mentioned as, 7, Hare Street, Calcutta-700001. The accused persons/petitioners admittedly are not residing within the territorial jurisdiction of the Learned Magistrate concern.

8. It is a specific direction u/s 202 of the Code of Criminal Procedure that:

202. Postponement of issue of Process:

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance 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 which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions.

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.

(2) In an inquiry under Sub-Section (1), the Magistrate may, if he thinks fit, take evidence of witness on oath; Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under Sub-Section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.

9. By virtue of the provision of Section 202 (1), where the accused person is residing at a place beyond the territorial jurisdiction of the Learned Magistrate, the magistrate must postpone issue of process, shall enquire into the case himself, or direct investigation to be made by a police officer or by other person as he thinks fit, for the purpose of deciding whether or not, there is a sufficient ground for proceeding.

10. In this case the Magistrate concern had directly issued the process without complying with the provision u/s 202 Cr.P.C. It further appears that only the complaint has been examined on SA. No other witnesses were exa