TMI Blog2016 (7) TMI 1460X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not been done by the learned Magistrate, the impugned order cannot be sustained in law. In support, he places his reliance upon the cases of National Bank of Oman v. Barakara Abdul Aziz and another, reported in: (2013) 2 SCC 488 and Udai Shankar Awasthi v. State of Uttar Pradesh and another, reported in (2013) 2 SCC 435. He also submits that the Akola Court does not have territorial jurisdiction as the offence was not committed within its territorial limit and the applicants are also not residents of any place falling within territorial limit of Akola Court. 3. Learned counsel for the respondent submits that the impugned order is legal and correct and as it has been judicially passed. It is not open for this Court to substitute its vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. In the case of Udai Shankar Awasthi (supra), the Hon'ble Apex Court has held that it is obligatory for the Magistrate to enquire into the case himself or direct investigation to be made by a Police Officer or some ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s rendered, Hon'ble Apex Court in the case of National Bank of Oman (supra) had propounded the same law. In that case, Aurangabad Bench of this Court had taken a view that since the accused was residing in an area falling beyond the jurisdiction of the Chief Judicial Magistrate, Ahmednagar, it was necessary for the learned Magistrate to carry out an enquiry or order investigation as contemplated under Section 202 of the Criminal Procedure Code before issuing the process. The view so taken by this Court was found to be correct by the Hon'ble Supreme Court, when it observed in paragraph 8 that it was incumbent upon the learned Magistrate to carry out an enquiry or order investigation as contemplated under Section 202 of the Criminal P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether or not there is sufficient ground for him to proceed further. The scope of enquiry under Section 202 CrPC is, therefore, limited to the ascertainment of truth or falsehood of the allegations made in the complaint. (i) on the materials placed by the complainant before the court; (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made put; and (iii) for deciding the question purely from the point of view of the complainant without at all adverting to any defence that the accused may have. 8. So, it is clear that 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 iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d further in the matter without following the mandate of Section 202 of the Criminal Procedure Code, which was not an issue involved in the said case of Appaiyam and another (supra). Therefore, even that case would not be of any assistance to the respondent herein. 10. It is also the contention of the learned counsel for the applicant that Akola Court does not have any territorial jurisdiction in this case to which, the answer has been provided by the learned counsel for the respondent as lying in Section 182(2) of the Code of Criminal Procedure. I do not think it necessary to decide this point as, for the reasons stated earlier, I have already found that this is a fit case for being remanded to the Court of Judicial Magistrate, First Cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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