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2007 Supreme(P&H) 1716

RANJIT SINGH
S. K. Bhowmik – Appellant
Versus
S. K. Arora – Respondent


Advocates appeared:
For the Petitioner:Mr.R.S.Cheema Senior Advocate with Mr.J.S.Mehndiratta, Advocate.
For the Petitioner:Mr.R.S.Rai, Senior Advocate with Mr.Gautam Dutt, Advocate.
For the Petitioner:Mr.M.S.Bhowmick, Advocate.
For Respondent No.1:Mr.R.K.Sharma, Advocate.

JUDGMENT

RANJIT SINGH, J

1. Invoking the amended provisions of Section 202 Cr.P.C., this petition for quashing the complaint and summoning order is filed by the petitioner with the submission that it is obligatory upon the Magistrate to enquire into the case before summoning an accused residing beyond his jurisdiction. Noticing the contentions raised on behalf of the petitioner that no enquiry, as envisaged under Section 202 Cr.P.C., was held before summoning the petitioner, notice of motion in this case was issued.

2. During the course of hearing, submissions are made by the counsel representing the parties. There does not appear to be much differences on the basic issue arising for consideration due to this amendment incorporated in Section 202 Cr.P.C. Mostly concerned with the debate on the legal issue so raised, the counsel did not make any submission before the court if the impugned order is revisable or the fact that the enquiry in this case was held by the Magistrate before summoning the petitioner or not. There was otherwise a consensus between the counsel appearing for the petitioner and contesting respondent that enquiry would now be mandatory in a case where an accused pe


























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