SUBAL CHANDRA NAMADAS Vs. AHADULLAH SHEIKH

JUDGEMENT

(1.) This case raises a question of importance relating to the jurisdiction of a Magistrate to issue process in a criminal case. In the Or. P. C. (Act V of 1898 as amended) it is provided:

(2.) Section 202(1).---"Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance, or which has been transferred to him under Section 192, may, if he thinks fit, for reasons to be recorded in writing, postpone the issue of process for compelling the attendance of the person complained against, and either inquire into the case himself or, if he is a Magistrate other than a Magistrate of the third class, direct an inquiry or investigation to be made by any Magistrate subordinate to him, or by a Police Officer, or by such other person as he thinks fit, for the purpose of ascertaining the truth or falsehood of the complaint:

(3.) Provided that no such direction shall be made: (a) unless the complainant has been examined on oath under the provisions of Section 200, or (6) where the complaint has been made by a Court under the provisions of this Code.