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2019 (6) TMI 1581 - KARNATAKA HIGH COURTJurisdiction - petition and petitioners under different state - non-compliance with Section 202 of Cr.P.C. - allegation is that Magistrate was required to postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding in the matter, which was not done in the present case - HELD THAT:- Dealing with Section 202 of Cr.P.C Hon'ble Supreme Court of India in ABHIJIT PAWAR VS. HEMANT MADHUKAR NIMBALKAR AND ANOTHER [2016 (12) TMI 1774 - SUPREME COURT OF INDIA] has held that Admitted position in law is that in those cases where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction, it is mandatory on the part of the Magistrate to conduct an enquiry or investigation before issuing the process. Matter is remitted to the learned Magistrate to proceed in the matter after compliance of the requirements of Section 202 of Cr.P.C. - petition allowed by way of remand.
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