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RAHUL CHATURVEDI
Krishna Agencies – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Rahul Chaturvedi, J.
Heard learned counsel for the applicant as well as learned A.G.A.
2. By means of the present application, the prayer sought by the applicant is to quash the entire proceeding of Complaint case No. 32329 of 2020 under Section 420 IPC and Section 63 of Copyright Act, Police station-Harbans Mohal, District-Kanpur Nagar, pending in the Court of learned Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar as well as summoning order dated 22.11.2022 passed by learned Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar.
3. Contention raised by learned counsel for the applicant challenging the order impugned on the two grounds :
(ii) The order does not speak that the concerned Magistrate has applied his judicial mind while summoning the accused persons under Section 420 IPC and Section 63 of Copyright Act. In this regard, learned counsel for the applicant has drawn the attention of the Court to Section 202(1) Cr.P.C. which reads thus :
Section 202(1) in
A Magistrate must adhere to the provisions of Section 202(1) of the Cr.P.C. and apply judicial mind when issuing a summoning order, especially when the parties are located in different jurisdictions.
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....
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 ....
Point of law : Section 203 of the Code empowers a Magistrate to dismiss a complaint without even issuing a process. It uses the words “after considering” and “the Magistrate is of opinion that there ....
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 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....
The main legal point established in the judgment is the necessity of recording reasons and application of mind by the Magistrate when passing a summoning order, especially when the Magistrate's view ....
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