AI Overview...
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202 Process is Invalid if Mandatory Inquiry is Not Conducted - The failure to conduct a mandatory inquiry under Section 202 Cr.P.C. before issuing process renders the proceedings invalid. Several cases emphasize that compliance with Section 202, which requires a preliminary inquiry when the accused resides outside the jurisdiction, is mandatory. Non-compliance leads to the invalidity of the process and the proceedings Pradip Kumar Bardhan VS State of West Bengal - Calcutta, E. K. Jaleel VS State of Kerala - Kerala, Nirmal Khandelwal VS Terai Dooars Tea Co. Pvt - Dishonour Of Cheque, Pawan Kumar Agarwal VS State of West Bengal - Dishonour Of Cheque, Ajay Garg VS State of U. P. - Allahabad.
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Mandatory Nature of Section 202 Cr.P.C. - The provisions of Section 202 are considered mandatory, and their breach invalidates the process. Courts have held that the Magistrate must either personally conduct an inquiry or direct an investigation before issuing process, especially when the accused resides outside the jurisdiction Pradip Kumar Bardhan VS State of West Bengal - Calcutta, Nirmal Khandelwal VS Terai Dooars Tea Co. Pvt. Ltd. - Crimes, Ajay Garg VS State of U. P. - Allahabad.
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Non-Compliance Leads to Proceedings Being Quashed - If the mandatory inquiry under Section 202 is not performed, criminal proceedings can be quashed, as the process lacks proper authority and violates due process. This applies across different statutes, including the Negotiable Instruments Act and environmental laws Ajay Garg VS State of U. P. - Allahabad, Ekveera Jewellers Anturli, Jalgaon As A Proprietor Nandkishor Shamakant Sonar VS Shaunak Deepak Kulkarni - Bombay, Ajay Garg VS State of U. P. - Allahabad.
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Provisions are Directory but Non-Compliance Affects Validity - While some judgments suggest that Section 202 is directory rather than mandatory, the prevailing view is that non-compliance, especially in cases involving residence outside jurisdiction, invalidates the process E. K. Jaleel VS State of Kerala - Kerala.
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Proper Authorization and Due Process - Criminal complaints must be filed by authorized persons, and due process mandates that the inquiry under Section 202 be conducted properly. Failure to do so affects the legality of the issuance of process Ajay Garg VS State of U. P. - Allahabad, Ajay Garg VS State of U. P. - Allahabad.
Analysis and Conclusion:
The consistent legal principle across these cases is that compliance with Section 202 Cr.P.C. is mandatory when issuing process against an accused residing outside the jurisdiction of the Magistrate. Failure to conduct the required inquiry before issuing process renders the proceedings invalid and justifies their quashing. Courts stress the importance of adhering to procedural safeguards to uphold the integrity of criminal proceedings.
Search Results for "202 Not Complied Process is Invalid"
2025 0 Supreme(Cal) 14 • India - Calcutta
SHAMPA DUTT (PAUL)
The failure to do so renders the order invalid. ... 202, requiring an inquiry before issuing process against the accused. ... ... ... Issues: The main issues were whether the Magistrate complied with Section 202 Cr.P.C. and whether the order of cognizance ... It is further submitted that the mandatory provisions of Section 202 Cr.P.C. has not been complied with. 5. ... Thus, the order under revision is clearly under Section 200 Cr.P.C. and #HL_STAR....
2023 0 Supreme(All) 2228 • India - Allahabad
GAJENDRA KUMAR
) ... ... (B) Quashing of proceedings - Criminal proceedings cannot continue without proper authorization for complaint - Due process ... ... ... Ratio Decidendi: The court emphasized that criminal complaints must be filed by duly authorized persons and that the process ... pending criminal proceedings against the University, citing lack of proper authority for the complaint and failure to comply with due process ... It is also evident from the record that the court concerned while issuing process u/s 204 Cr.P.C. has....
2017 0 Supreme(Ker) 1417 • India - Kerala
ALEXANDER THOMAS
that mere exploit of the learned Magistrate in taking cognizance in such a case without Section 202 inquiry will not by itself vitiate ... Criminal Procedure Code, 1973, Sections 202 and 482 - Negotiable Instruments Act 1881, S.138 - Section 202 inquiry and additional ... the cognizance taken by the Magistrate if Section 202 of the Cr. ... Therefore, in my opinion, said provision in S.202 Cr. P.C. is directory in nature and merely because Magistrate has not recorded s....
• India - Dishonour Of Cheque
JOYMALYA BAGCHI
affidavit evidence has been filed at pre-summoning stage in due compliance of provisions of the said Act, the issue of postponing process ... in view of the amendment to Section 202 of the Code of Criminal Procedure does not arise. ... ... For the aforesaid reasons, I do not find any merit in the revision ... Mitra, learned counsel appearing for the petitioner submitted that the learned Courts below erred in law in failing to appreciate that non-compliance of mandatory provision of Section 202 of the C....
2023 0 Supreme(Bom) 1568 • India - Bombay
S. G. CHAPALGAONKAR
invalid, thus influencing the decision to quash the earlier orders.] ... The lack of such inquiry or reasoning invalidated the issuance of process under Section 138 of the Negotiable Instrument Act. ... Fact of the Case: The petitioner challenged the issuance of process for a complaint under Section 138 of the Negotiable ... However, while passing the impugned order of issuance of process, the mandate under Section 202 of the Criminal Procedure Code is not observed. ... The complaina....
• India - Dishonour Of Cheque
SUBRATA TALUKDAR
, 1881—Section 138—Criminal Procedure Code, 1973—Section 202 ... C. requiring inquiry before an accused person residing outside the territorial jurisdiction of the learned Magistrate, was mandatory in nature and that its violation will made the order of issuance of process invalid. ... Magistrate, the provisions of Section 202 CrPC are required to be mandatorily complied with or not and the manner of such compliance in the event the accused person is shown to be resident of a place bey....
• India - Crimes
BIBEK CHAUDHURI
satisfied that process should be issued against accused – Revisional Applications set aside. ... – Dishonour of cheque – Offences by companies – Issuance of process – Necessity of prior enquiry – Petitioner was arraigned as an ... that petitioner resides outside jurisdiction of Magistrate – While issuing process Magistrate adverted to petition of complaint, ... Edulji that the learned Magistrate substantially complied with the requirement of inquiry under Section 202 of the Cr.P.C. ... The order passed ....
• India - Calcutta
SUBRATA TALUKDAR
complied with by the Magistrate conducting an inquiry either personally or through the police, as directed by an earlier Single ... CrPC, seeking compliance with the mandatory inquiry requirement before issuing process against him. ... himself or direct an investigation by a police officer or other person before issuing process against an accused residing outside ... the order of issuance of process invalid. ... Magistrate, the provisions of Section 202 CrPC are required to be mandator....
• India - Crimes
JOYMALYA BAGCHI
Act override provisions under Section 200/202 Cr.P.C. ... Negotiable Instruments Act, 1881—Sections 138 and 145—Criminal Procedure Code, 1973—Section 202—Order of summoning for offence of ... of territorial jurisdiction of Magistrate and Magistrate failed and neglected to comply with mandatory requirement under Section 202 ... Mitra, learned counsel appearing for the petitioner submitted that the learned Courts below erred in law in failing to appreciate that non-compliance of mandatory provision of Section 202 of the Co....
2023 0 Supreme(All) 2921 • India - Allahabad
GAJENDRA KUMAR
It was found that due inquiry under Section 202 Cr.P.C. was not conducted before issuing process, mandatory provisions were violated ... to quash complaint; the complaint was filed by a person not duly authorized by the Board, making the proceedings invalid. ... (A) Water Pollution (Prevention and Control) Act, 1974 - Sections 43, 44, 24, 25, 202, 49 - Application under Section 482 Cr.P.C. ... It is also evident from the record that the court concerned while issuing process#H....
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