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2016 (7) TMI 1460 - HC - Indian LawsPostponement of issuance of process - Section 202 Criminal Procedure Code - Whether or not there is sufficient material for proceeding further in the matter? - Held that:- It is seen from the body of the complaint that the respondent has admitted the fact that all applicants, who are the proposed accused, are residing at places falling outside the territorial jurisdiction of the Court of Judicial Magistrate, Akola. Therefore, mandate of Section 202 of the Code of Criminal Procedure would require the learned Magistrate to postpone the issue of process and either enquire into the case himself or direct an investigation to be made by a Police Officer or some other fit person in order to decide as to whether or not there is sufficient ground for proceeding further. Such postponement of issue of process in a case where the accused is residing beyond the territorial jurisdiction of the Court of Judicial Magistrate has been made mandatory under the newly amended Section 202 of the Code of Criminal Procedure, which has been inserted in the Code of Criminal Procedure by Act 25 of 2005 with effect from 23.6.2006. It is seen from the impugned order that this requirement has not been followed by the learned Magistrate. The newly amended Section 202 of Criminal Procedure Code makes it obligatory for the Criminal Court empowered to take cognizance of the complaint to postpone the issue of process in a case where the accused resides at a place falling beyond the territorial jurisdiction of that Court to order an enquiry or direct an investigation as contemplated in the said Section. Application allowed - The matter is remanded back to the learned 5th Judicial Magistrate, First Class, Akola for considering it afresh in accordance with law.
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