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2016 (9) TMI 1596 - SC - Indian LawsValidity of order issuing process or summons - residence beyond the local jurisdiction - Section 397 of the Code of Criminal Procedure, 1973 - HELD THAT:- The Accused Appellants in the present appeals have and maintain residence beyond the local jurisdiction of the learned trial Court. Under the provisions of Section 202(1) Code of Criminal Procedure it was, therefore, mandatory for the learned Magistrate to hold an inquiry either by himself or direct an investigation by the Police prior to the issuance of process. Admittedly, the same had not been done. If the aforesaid mandatory provisions of Section 202(1) Code of Criminal Procedure had not been followed, the learned trial Court would not have the jurisdiction to issue process/summons as has been done. Appeal allowed.
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