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RAJESH SINGH CHAUHAN
R. Shankar Raman Whole Time Director And Chief Financial Officer – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Dileep Kumar, learned Senior Advocate assisted by Sri Raghuvansh Mishra, Sri Subhash Gulati & Sri Rajendra Kumar Dwivedi assisted by Ms. Sagun Chandra Rastogi, learned counsel for the Petitioners and Sri Aditya Vikram Singh holding brief of Sri Manish Kumar Tripathi, learned counsel for the private opposite party as well as Ms. Nusrat Jahan, learned Additional Government Advocate for the State.
2. Since the subject matter is same in all the aforesaid four petitions filed under Section 482 Cr.P.C. and with consent of learned counsel for the parties, all the aforesaid petitions are clubbed together and are being decided by a common order.
3. By means of the aforesaid four petitions, filed under Section 482 Cr.P.C.,the petitioners have prayed the following common reliefs:
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 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 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 main legal point established is that summoning of an accused in a criminal case requires the Magistrate to conduct an inquiry or investigation before issuing the process, and the Magistrate must ....
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