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DEEPAK GUPTA
Suraj Bhan Sharma – Appellant
Versus
Jasbir Singh Arora – Respondent
DEEPAK GUPTA, J.
Prayer in this petition is to quash complaint No.11344 dated 12.12.2009 under Section 500, 34 IPC (Annexure P-6), summoning order dated 09.03.2011 passed by learned Judicial Magistrate Ist Class, Chandigarh (Annexure P-7) and the order dated 10.11.2017 passed by learned Additional District Sessions Judge, Chandigarh (Annexure P-8) dismissing the revision.
2. It is contended that complaint (Annexure P.6), titled “Jasbir Singh Arora Vs. Suraj Bhan Sharma and others” was filed by the complainant – respondent- Jasbir Singh Arora to prosecute the petitioners under Section 500/34 IPC in the Court of learned Chief Judicial Magistrate, Chandigarh. Despite the fact that all the accused- petitioners are residents of Kapurthala, i.e. outside the jurisdiction of Chandigarh, where the complaint was filed, learned Magistrate did not make compliance of Section 202 Cr.P.C and passed the impugned summoning order dated 09.03.2011, which has been upheld by the revisional Court. Learned counsel has referred to Abhijit Pawar Vs. Hemant Madhukar Nimbalkar and another, 2017(1) AIR Bom. R (Cri) 547, to contend that impugned order is illegal in the absence of compliance of Section 202 Cr.P.C
Compliance with Section 202 Cr.P.C is mandatory when the accused resides beyond the court's jurisdiction to prevent false complaints and protect innocent persons from harassment.
Point of Law : Magistrate had issued summons without meeting mandatory requirement of Section 202 CrPC, though the appellants were outside his territorial jurisdiction. The provisions of Section 202 ....
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 main legal point established in the judgment is the mandatory requirement of conducting an inquiry under Section 202 of the Code of Criminal Procedure before issuing process against an accused re....
An enquiry or investigation is mandatory before issuing process against an accused residing beyond the territorial jurisdiction of the concerned Magistrate, as per the provisions of Section 202(1) Cr....
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 amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
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....
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