PARSHOTAM LAL VADERA Vs. SATYANARAYAN SADANGI

JUDGEMENT

(1.) IN this application under Section 482 of the Code of Criminal Procedure, 1973 the point of law raised is as to whether conducting an inquiry by a Magistrate himself or directing police to cause investigation in a case where accused is residing at a place beyond the territorial jurisdiction of the Magistrate, before issuing process, is mandatory in view of the amended provision of Section 202.

(2.) ON the basis of a complaint filed by the present opposite party before the SDJM, Nabarangpur alleging commission of offences by the petitioner and four of his co -accused under Section 193/197/199/417/418/420/465/471/34 read with Section 120 -B of the Indian Penal Code and under Sections 465/628 of the Companies Act, 1956, ICC No. 27 of 2006 was registered. In the said complaint case, Learned SDJM on 15.7.2006 passed the following order:

(3.) AS the entire argument in this case hinges upon interpretation of Section 202, Cr.P.C., it would be appropriate to quote the said Section for ready reference, as under: