Inquiry u/s 202 of the crpc
Adv P N Nagargoje
(Querist) 22 August 2014
This query is : Resolved
R/ Sir,
01) What the police do in the inquiry u/s 202 of the Cr. P. C.?
02) Can police visit the Accused during inquiry ?
03) Statement of Accused is recorded or not ?
04) Statements of witnesses listed in the complaint are recorded by the police during inquiry?
ajay sethi
(Expert) 22 August 2014
read CR PC . academic query
Advocate. Arunagiri
(Expert) 22 August 2014
Police will conduct the "investigation" in full except registration of FIR and arrest of the accused. Yes is the reply for your points 2,3,4.
By this inquiry police is assisting the court in finding out the prima facie.
Shonee Kapoor
(Expert) 23 August 2014
Academic Query.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
ABDUL RAZIQUE
(Expert) 24 August 2014
dear author
As per my my colleagues decision it is a Academic query though i want to describe U because u are thirsty about this section.
as per my knowledge "
Code of Criminal Procedure, 1973 – s.202(2), proviso- Interpretation of – Whether examination of all witnesses cited in the complaint is sine qua non for taking cognizance by a Magistrate in a case exclusively triable by the Court of Sessions – Held, No – Even though in terms of the proviso to s.202(2), the Magistrate is required to direct the complainant to produce all his witnesses and examine them on oath, failure or inability of the complainant or omission on his part to examine one or some of the witnesses cited in the complaint or whose names are furnished in compliance of the direction issued by the Magistrate, will not preclude the latter from taking cognizance and issuing process or passing committal order if he is satisfied that there exists sufficient ground for doing so – Examination of all the witnesses cited in the complaint or whose names are disclosed by the complainant in furtherance of the direction given by the Magistrate in terms of proviso to s.202(2) is not a condition precedent for taking cognizance and issue of process against the persons named as accused in the complaint – Consequence of such non-examination is to be considered at the trial and not at the stage of issuing process. "
