It is mandatory for a magistrate to record proper verification under Sec.200 of Cr.P.C. before issuing process. Against the process, one can go to High Court under Sec.482 which normally remits the case back to the magistrate with a direction to record the statement. In other words, the accused goes back to square one. My query is simply this. If the magistrate convicts the accused without following Sec.200, what is the position in law. If the accused gpes in appeal to the HC, what will happen? Remit the case back to magistrate to follow sec.200 and retrial?
