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2024 (1) TMI 971 - BOMBAY HIGH COURTBlack Money - Validity of summons issued by Magistrate - territorial jurisdiction of the Magistrate - Accused committed offence under Section 50 of the Act - Petitioner/accused is resident of Mumbai. Complaint is lodged to the learned Magistrate sitting at Panaji - non-compliance of sub section (1) of Section 202 of Cr.P.C. before issuing process/summons - HELD THAT:- Magistrate Compliant is lodged under Section 200 read with Section 50 of the Act. Accused/petitioner is resident of Mumbai that is beyond the jurisdiction of the concerned Magistrate. There is no material to show that Magistrate before issuing process, complied with mandatory requirement of sub-section (1) of Section 202 of Cr.P.C. thus it is clear that learned Magistrate without compliance of such mandatory provision, issued process against the accused. In view of the above observations of the Apex Court in case of Odi Jerang, such order cannot be sustained and accordingly order needs interference. The impugned order of issuing summons to the accused is hereby quashed and set aside. However, matter is remanded to concerned Magistrate for compliance of provisions under sub section (1) of Section 202 of Cr.P.C. before issuing summons.
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