R.BASANT
Muhammed Basheer, Solo Arts, Advertising and Marketing – Appellant
Versus
State Of Kerala, Represented by the Public Prosecutor – Respondent
What is the import and consequence of the amendment to Section 202 Cr.P.C by Act 25 of 2005
w.e.f 23.06.06 by which the words "and shall in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction" were introduced? Is the stipulation couched in the above language directory or mandatory? Does that stipulation apply at all to prosecutions under Section 138 of the Negotiable Instruments Act? If the sworn statement of all necessary witnesses cited by the complainant is recorded under Section 200 Cr.P.C and the materials are sufficient to induce the requisite satisfaction in the mind of the learned Magistrate that there is sufficient ground for proceeding, should the learned Magistrate still proceed to the stage of Section 202 Cr.P.C and conduct a further enquiry? What would be the content and scope of such an extended enquiry in such circumstances? When does the enquiry under Section 200 Cr.P.C end and the enquiry under Section 202 Cr.P.C commence? Is the boundary line between the enquiry under Section 200 Cr.P.C and 202 Cr.P.C so firm, definite, stable and specific? These questions arise for consideration in these cases.
2. These
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