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

Page no : 2

Biswanath Roy (Advocate)     17 June 2015

Question of revising my decision does not arise rather cannot be arise because I STUDIED LAW THOUGHROLY GOING TO THE EXTREEM DEEP AFTER CONSIDERING ALL OF ITS FAR REACHING CONSEQUENCES.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     17 June 2015

@maskadvise, it's good that you have received an answer & reached a conculsion. just one point to add that if you planning to challenge then do it within 30 days of impugned order. Attach certified copy thereof.

best wishes

N.K.Assumi (Advocate)     17 June 2015

 maskadvise, I think the members are alive to the amendment of crpc 2005, and that amendment does not in anyway change the power of the Magistrate except enquiry by the Magistrate when the accused is  out of the territorial jurisdictions of the Magistrate. Having said that, the object and purpose of holding an enquiry under 202 is to find out whether there was sufficient grounds for proceedings against the accused or not and that holding enquiry is not an mandatory course before issue of process against the accused or dismissal of the complaint. Moreover, inquiry under crpc means inquiry other than a trial. If aggried by the Magistrate order, you have the liberty to approach the higher court. All the best..


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