section 202 of crpc
Chetan Pardakhe
(Querist) 30 August 2011
This query is : Resolved
dear experts ,
I AM ADV. ASHWINI PARDAHE . MY QUERY IS THAT WHAT IS SEC.202 OF CRPC .PLEASE EXPLAIN DESCRIPTIVELY.
THANKS
Kiran Kumar
(Expert) 30 August 2011
202. Postponement of issue of process.
(1) Any Magistrate, on receipt of a complaint of an offence which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, 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:
Provided that no such direction for investigation shall be made, -
(a) Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions or
(b) Where the complaint has not been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witness on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Court on an offer in charge of a police station except the power to arrest without warrant.
Kiran Kumar
(Expert) 30 August 2011
clause (1) of the section explains various aspects.
e.g there is an issue of jurisdiction of the court...the question is whether a particular magistrate has jurisdiction to take cognizance of the complaint?
here comes the role of Section 202 Cr.P.C
read it carefully, its a simple but interesting provision.
Ravikant Soni
(Expert) 30 August 2011
This section is contemplated abt the power of magistrate to send a complaint for investigation even after taking of cognizance and before issuance of process.
There are two type of cases in which the magistrate can not send directly for investigation unless examined the complainant or his witnesses:
If exclusively triable by sessions court.
and second if compliant is not filed by a court (as be filed under 195, 340 crpc)
Ravikant Soni
(Expert) 30 August 2011
I beg to differ from the answer of Kiran sir nowhere in this section has description abt jurisdiction of magistrate.
ashok kumar singh
(Expert) 30 August 2011
agree with expert opinion.
in a case if magistrate not satisfied with the examination of complainant and witnesses produced before the court, under section 200 of cr.p.c. then the magistrate direct police enquiry and seeking police report on the petition of complaint, under section 202 of cr.p.c.
kuldeep kumar
(Expert) 31 August 2011
sodat people innocents are not harassed and revenged upon for vested interest sec 202 is made a wholesome provision to deal with.its before taking cognizance method.its an aid in taking cognizance.doubtful version of complaint require this section to take effect.
prabhakar singh
(Expert) 31 August 2011
Expert : kuldeep kumar gives a conclusive sum up to debates.
Advocate. Arunagiri
(Expert) 31 August 2011
The S.202 is a inquiry after the cognizance stage, the court can order or conduct inquiry.
The inquiry is enough to prove the prima facie not to get the evidences to prove the commission of offense.
you can see the citation. 1976 AIR 1947 & 1991 SOL 107
Advocate. Arunagiri
(Expert) 01 September 2011
If the magistrate orders the police to investigate u/s 202, the police can not register FIR and investigate.
Because the court had already taken cognizance.
