The Complaint of "Theft" was filed u/s. 420 of IPC against the 3 Accused and one of the Accused resides outside the jurisdiction of that Court.
The Magistrate did not sent the matter for inquiry u/s. 202 of Cr. P. C. to the Police but the Magistrate directly rejected the said Complaint on same day by saying that these are not the ingredients of sec.420 of IPC.
Is it not mandatory by law that the inquiry u/s. 202 must have been initiated before rejecting the complant because the accused is residing outside the jurisdiction of that Court ?