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SHAMPA DUTT (PAUL)
Pradip Kumar Bardhan – Appellant
Versus
State of West Bengal – Respondent
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:
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.
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.
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....
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 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 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....
The court established that a magistrate must provide an opportunity for the accused to be heard before taking cognizance of criminal complaints, ensuring adherence to procedural justice under Section....
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