Upgrad LLM

is inquiry u/s. 202 of cr.p.c. mandatory ?


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 ?

 

Kindly guide.

 

 
Reply   
 
LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)

MM has the discretionary power. Read the order & what he said if that's written in order sheet then you can go for appeal in sessions.

 
Reply   
 


Advocate

Dear maskadvise,

If the Magistrate feels that a prima facie case can be made out u/s 420 IPC, he can order inquiry under 202 Cr.P.C otherwise he can dismiss the petition straightaway citing the reasons for such orders.To inquire or not inquire any matter, completely lies with the discretion of the Magistrate.

As advised by Mr.Atur Chatur, collect the orders, go through them and appeal in the sessions court.

Hope this helps.

 
Reply   
 
Advocate

There are two kinnds of complaint, that comes before the Magistrate, that  is, one is based on written ducuments along with oral submission before the Magistrate, and the other is purely based on oral testimony depending on the nature of the case. And in either of thse two kinds of complaints the Magistrate satisfaction of the credibility of the offence depending on his inquiry is crucial. Since it is the satisfaction of the Magistrate which is crucial,  that inquiry under section 202 is not mandatory and the word shall may be read as may.Accordingly the magistrate may issue process against the acused or reject the complaint.

 
Reply   
 

I agree with al of you and thanks

 

kindly tell me "whetehr inquiry u/s. 202 of Cr.P.C. is mandatory or not" even if prima facia the ingredients of the offence do are not the part of that particular section under which the complainat was filed before the M.M.

 

Thanks.

 
Reply   
 
Lawyer

Dear "Maskadvise",

Throw away mask to seek "FREE" advise on query as per rules framed by LCI.

Criminal Procedure Code is directory and not "mandatory". Ask further clarification from a local tutor.

No inquiry is mandatory.

 
Reply   
 
Advocate

NOT MANDATORY.

 
Reply   
 
LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)

NOT MANDATORY but still if your plaint is written in such amanner that you vehemently & specifically are of the view that it should NOT have been thrown out like that, then GOTO SESSIONS is the answer.

 
Reply   
 
LEGAL CONSULTANT

Not mandatory has been mentioned by all the above experts.

Go through section 202crpc thouroughly.

 

Central Government Act
Section 202 in The Code Of Criminal Procedure, 1973
202. Postponement of issue of process.
(1) Any Magistrate, on receipt of a complaint of an offence of 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 Session; 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 witnesses 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 Code on an officer- in- charge of a police station except the power to arrest without warrant.
 
Reply   
 
Advocate

The query is childish and non sense one, hence. NO REPLY.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x