AMAR SINGH Vs. DRUGENDRA KUMAR MISHRA

JUDGEMENT

(1.) Learned counsel for the applicant drew the attention of this Court towards sub-section (1) of S. 202, Cr. P.C. and argued that any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under S. 192, Cr. P.C., may, if he thinks fit, (and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction) postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding :

(2.) Learned counsel for the applicant relied upon the decision rendered by Hon'ble Apex Court in National Bank of Omna v. Barakara Abdul and another, 2013 2 SCC 488, para 8 of which is relevant in the context of this case and is being reproduced hereineblow for reference :

(3.) It will also be useful to reproduce para Nos. 9 and 10 of the aforesaid decision hereinbelow :