Case Note & Summary
The petitioner, Motilal Khivraj Banthia, was an accused in RTC No.254 of 2010 pending before the Judicial Magistrate First Class, Kopargaon, District Ahmednagar, for offences punishable under Sections 405 and 409 of the Indian Penal Code. The petitioner filed a writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, challenging the Magistrate's order directing issuance of process against him. The primary contention was that the Magistrate failed to follow the procedure under Section 202 Cr.P.C. before issuing process under Section 204 Cr.P.C., as the petitioner was a resident of Panvel, which was beyond the Magistrate's jurisdiction. The court examined the mandatory requirement of Section 202 Cr.P.C., which stipulates that when the accused resides outside the territorial jurisdiction of the Magistrate, an inquiry or investigation must be conducted before issuing process. The court found that the Magistrate had not complied with this requirement, thereby vitiating the order. Consequently, the court quashed the order issuing process and remanded the matter back to the Magistrate for fresh consideration in accordance with law, directing that the inquiry under Section 202 Cr.P.C. be conducted before any further process is issued.
Headnote
A) Criminal Procedure - Issuance of Process - Section 202 Cr.P.C. - Mandatory Inquiry - Where the accused resides beyond the jurisdiction of the Magistrate, the Magistrate must conduct an inquiry or direct investigation before issuing process under Section 204 Cr.P.C. - The court held that the Magistrate's failure to do so vitiates the order issuing process (Paras 3-5).
Issue of Consideration
Whether the Magistrate was required to conduct an inquiry under Section 202 Cr.P.C. before issuing process under Section 204 Cr.P.C. when the accused resided beyond the territorial jurisdiction of the court.
Final Decision
The order passed by the Judicial Magistrate First Class, Kopargaon, directing issuance of process against the petitioner is quashed and set aside. The matter is remanded back to the Magistrate for fresh consideration in accordance with law, directing that the inquiry under Section 202 Cr.P.C. be conducted before any further process is issued.
Law Points
- Section 202 Cr.P.C. mandatory inquiry before issuing process when accused resides beyond jurisdiction
- Section 204 Cr.P.C. issuance of process
- Article 227 Constitution of India
- Section 482 Cr.P.C.
