Sec 202 of cr.p.c.

Querist : Anonymous (Querist) 04 December 2010 This query is : Resolved
Is at inquiry stage u/s 202 cr.p.c. the opposite party against whom the complaint is pending has any scope to appear before the court and bring facts necessary for the just decision of the case .please support your view with Hon'ble High Courts & Apex Court decision, if any.

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Advocate. Arunagiri (Expert) 04 December 2010
The opposite party has no locus standi during the 202 inquiry. Only after the summons u/s 204 the opposite party can appear before the court. Because court may dismiss the case u/s 203 even before ordering summons to the accused.

Arvind Singh Chauhan (Expert) 05 December 2010
Agree with Arunagiri Sir. Accused has option to file revision if he is summoned, without appearing in lower court.

Advocate. Arunagiri (Expert) 05 December 2010
The summons can be challenged before the HC only, before appearing in lower court.

Arun Kumar Bhagat (Expert) 05 December 2010
I differ from earlier experts.In an enquiry u/s 200 Cr.P.C the proposed accused has no right to appear before the court and to have his say heard and considered but in enquiry u/s 202 the person holding the enquiry be it Magistrate himself or Police Officer or other person is bound to hear the proposed accused.
Secondly the summons can be challenged at any stage. There is no stipulation that once the accused appears, he forfeits his right to challenge it by quashing application u/s 482 Cr.P.Code.

Guest (Expert) 05 December 2010
The opposite party has no locus standi during the 202 inquiry

Devajyoti Barman (Expert) 05 December 2010
yes

SAANJAAY GUPTAA (Expert) 05 December 2010
Agree with Mr. Arunagiri,

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