CAPTAIN S C MATHUR Vs. ELEKTRONIK LAB

JUDGEMENT

(1.) THE Applicants have approached this Court for challenging the issuance of process on the ground that the learned Magistrate before the issuance of process has not followed the mandatory provisions as required under Section 202 of the Criminal Procedure Code. The learned Single Judge of this Court in a bunch of matters being Criminal Application No.2640 of 2009 along with the companion matters has held that the amended provisions of Section 202 of the Criminal Procedure Code are mandatory in nature and when the accused are residing beyond the territorial jurisdiction of the Magistrate issuing process, the learned Magistrate is required to hold an inquiry himself or cause an inquiry through the Police Officer before issuance of process and till such time, the question regarding issuance has to be postponed. The case of the Applicants is that all the accused are residing beyond the territorial jurisdiction of the learned Magistrate who has issued process.

(2.) IN the result, the order impugned in the present Application of issuance of process will have to be set-aside. The matter is remitted back to the learned Magistrate for complying with the provisions of Section 202 of the Criminal Procedure Code in accordance with law. Rule made absolute in the aforesaid terms. No order as to costs.