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

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 the Court of Session (as per the proviso to sub-section (1)).
3. Examination of Witnesses: The Magistrate calls upon Priya to produce all her witnesses and examines them on oath to decide if there is sufficient ground to proceed.
4. Proceeding to Court of Session: If the Magistrate finds sufficient ground, he forwards the case to the Court of Session for trial.

Example 3:

Scenario: Sunita files a complaint in a Chennai Magistrate's court alleging that her business partner, Rajesh, who resides in the same city, has embezzled funds.

Application of Section 202:

1. Postponement of Process: The Magistrate receives the complaint and notes that Rajesh resides within his jurisdiction.
2. Decision to Inquire: The Magistrate decides to inquire into the case himself rather than postponing the issue of process.
3. Taking Evidence: The Magistrate takes evidence from Sunita and her witnesses on oath to determine if there is sufficient ground to proceed.
4. Issuing Process: If the Magistrate finds sufficient ground, he issues a summons to Rajesh to appear in court.

Example 4:

Scenario: A complaint is filed in a Kolkata Magistrate's court alleging that a company director, who resides in Hyderabad, has committed corporate fraud.

Application of Section 202:

1. Postponement of Process: The Magistrate receives the complaint and notes that the accused resides outside his jurisdiction (in Hyderabad).
2. Decision to Postpone: The Magistrate decides to postpone issuing a summons to the director.
3. Directing Investigation: The Magistrate directs a police officer to investigate the matter to determine if there is sufficient ground to proceed.
4. Investigation Powers: The police officer conducts the investigation with all the powers of an officer in charge of a police station, except the power to arrest without a warrant.
5. Report to Magistrate: The police officer submits the investigation report to the Magistrate, who then decides whether to issue a summons based on the findings.