Section 202 of CrPC : Section 202: Postponement of issue of process.

CrPC

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Explanation using Example

Example 1:

Scenario: Ramesh, a resident of Delhi, files a complaint in a Delhi Magistrate's court alleging that Suresh, who resides in Mumbai, has committed fraud.

Application of Section 202:

  1. Postponement of Process: The Magistrate receives the complaint and notes that Suresh lives outside his jurisdiction (in Mumbai).
  2. Decision to Postpone: The Magistrate decides to postpone issuing a summons to Suresh.
  3. Inquiry or Investigation: The Magistrate either inquires into the case himself or directs a police officer to investigate the matter to determine if there is sufficient ground to proceed.
  4. Examination of Complainant and Witnesses: If the complaint was not made by a court, the Magistrate examines Ramesh and any witnesses on oath under Section 200 before directing an investigation.

Example 2:

Scenario: Priya files a complaint in a Bangalore Magistrate's court alleging that her neighbor, Anil, has committed a serious assault. The offense is triable exclusively by the Court of Session.

Application of Section 202:

  1. Postponement of Process: The Magistrate receives the complaint and notes that the offense is serious and triable exclusively by the Court of Session.
  2. No Direction for Investigation: The Magistrate does not direct an investigation because the offense is triable exclusively by th...

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