SOMNATH VITHOBA MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. Learned counsel waives service. By consent, heard finally. The applicants are the accused in a case filed by the respondent No. 2 herein alleging the commission of an offence punishable u/s. 498A of the IPC r/w. section 34 of the IPC. The learned Magistrate, after examining the respondent No. 2 on oath, issued process against all the applicants. Being aggrieved thereby, the applicants have approached this Court invoking its inherent powers.

(2.) The main contention advanced on behalf of the applicants is that, since the applicants were residing beyond the territorial jurisdiction of the learned Magistrate, it was necessary for the Magistrate to have held an inquiry into the matter before deciding whether or not to issue process against the applicants.

(3.) The learned counsel for the applicants does not dispute that the applicants are residing at places beyond the area in which the learned Magistrate exercises his jurisdiction. In terms of the provisions of section 202 of the Code, it was, therefore, necessary on the part of the learned Magistrate to have either held an inquiry into the matter himself or directed an investigation to be made by a police officer. He ought to have postponed the issue of process for that purpose and could not have issued the process at once without holding the inquiry. The legal position that holding of such an inquiry or investigation is mandatory in case where the accused persons are residing beyond the area within which the Magistrate exercises jurisdiction, is undisputed.