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.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revisional application has been preferred praying for quashing of the proceeding being C.R. Case No. 107 of 2019 pending before the learned Chief Judicial Magistrate, Tamluk at Purba Medinipur.

2. It is submitted by the learned counsel for the petitioners that vide order dated 17.06.2022 the learned Magistrate took cognizance of the offences alleged in the present case and issued process.

3. It is submitted by the petitioners that the petitioners herein reside outside the jurisdiction of the trial Court and the present case being a complaint case; the learned Magistrate only examined the complainant under Section 200 of the Cr.P.C.

4. It is further submitted that the mandatory provisions of Section 202 Cr.P.C. has not been complied with.

5. The order issuing process is as follows:

“C.R. 107 of 2019

Order dated 12.05.2022

.............Complainant Susmita Balida Mondal is present by filing hazira. One witness namely Rajugopal Barman is present. He is examined in-chief under Section 200 Cr.P.C. and discharged.

Accordingly cognizance is taken for the offences punishable under sections 447/341/323/354/506/34 of the IPC against the accused persons.

Issues summons against the accused persons u/s. 447/341/323 /354/506/34 of IPC.

Complainant is directed to file requisites of notice upon the accused persons at once.

To 08.08.2022 for SR and appearance.

Sd/-

Chief Judicial Magistrate

Tamluk, Purba Medinipur..........”

6.........

(i) In Birla Corporation Ltd. vs. Adventz Investments and Holdings in Criminal Appeal No. 875, 876, 877 of 2019:

The Supreme Court on 9th May, 2019 observed and held in respect of Section 202 Cr.P.C. as follows (The relevant paragraph are reproduced herein):

“26. Complaint filed under Section 200 Cr.P.C. and enquiry contemplated under Section 202 Cr.P.C. and issuance of process: Under Section 200 of the Criminal Procedure Code, on presentation of the complaint by an individual, the Magistrate is required to examine the complainant and the witnesses present, if any. Thereafter, on perusal of the allegations made in the complaint, the statement of the complainant on solemn affirmation and the witnesses examined, the Magistrate has to get himself satisfied that there are sufficient grounds for proceeding against the accused and on such satisfaction, the Magistrate may direct for issuance of process as contemplated under Section 204 Cr.P.C. The purpose of the enquiry under Section 202 Cr.P.C. is to determine whether a prima facie case is made out and whether there is sufficient ground for proceeding against the accused.

27. The scope of enquiry under this section is extremely restricted only to finding out the truth or otherwise of the allegations made in the complaint in order to determine whether process should be issued or not under Section 204 Cr.P.C. or whether the complaint should be dismissed by resorting to Section 203 Cr.P.C. on the footing that there is no sufficient ground for proceeding on the basis of the statements of the complainant and of his witnesses, if any. At the stage of enquiry under Section 202 Cr.P.C. the Magistrate is only concerned with the allegations made in the complaint or the evidence in support of the averments in the complaint to satisfy himself that there is sufficient ground for proceeding against the accused.

28. In National Bank of Oman v. Barakara Abdul Aziz and Another, (2013) 2 SCC 488, the Supreme Court explained the scope of enquiry and held as under:

“9. The duty of a Magistrate receiving a complaint is set out in Section 202 Cr.P.C. and there is an obligation on the Magistrate to find out if there is any matter which calls for investigation by a criminal court. The scope of enquiry under this section is restricted only to find out the truth or otherwise of the allegations made in the complaint in order to determine whether process has to be issued or not. Investigation under Section 202 Cr.P.C. is different from the investigation contemplated in S