Section 202 in The Code of Criminal Procedure, 1973
202. Postponement of issue of process.
(1) Any Magistrate, on receipt of a complaint ... take cognizance or which has been made over to him under section 192 may, if he thinks fit, [and shall, in a case where
Sec. 203 Cr.P.C. clothes a Magistrate to do so. It is true that
barring Sec. 204 (1) Cr.P.C., Sec. 203 Cr ... investigation
under Sec. 202 (1) Cr.P.C. even without
resorting to Sec. 200 Cr.P.C. Under Section 202
Crl
dwelt on the purpose of the amendment to Section
202, observing:
“11. Section 202 of the Code, inter alia, contemplates
postponement of the issue ... passed at that stage. The Code of
Criminal Procedure requires speaking order to be passed
under Section 203 CrPC when the complaint
ingredients of Section 378 IPC?
26. Complaint filed under Section 200 Cr.P.C. and enquiry
contemplated under Section 202 Cr.P.C. and issuance ... under:-
25
“22. ….the Code of Criminal Procedure requires speaking order
to be passed under Section 203 Cr.P.C. when the complaint is
dismissed
High Court. These are:
(i) Provisions of Section 202 of the Code of Criminal Procedure, 1973
( Cr.P.C .) are ignored and not complied with ... under Section 202 of the Code. In the inquiry envisaged under
Section 202 of the Code, the witnesses are examined whereas
under Section
according to Mr. Cheema is in terms of Section 200 Cr.P.C. This Section (200 Cr.P.C .) provides for examination of the complainants ... witnesses under Section 200 Cr.P.C. The examination of the complainant and witnesses as envisaged under Section 200 Cr
Section 482 of the
Code of Criminal Procedure, 1973 (for short ` Cr.P.C .) seeking
quashing of criminal complaint No.49102 dated 14.6.2011 under
Section ... under Sections 418 or
420 IPC . Further, it was held that the CJM did not follow
the procedure laid down under Section 202 Cr
Section 19 of the Criminal Procedure (Amendment) Act, 2005 has
been promulgated by the legislature for amending sub-section (1) of Section
202 Cr ... present (if any) had been
examined under Section 200 Cr.P.C.
Sub-section (1) of Section 202 Cr.P.C. has been amended
observed that the
issue of complying with proviso to Sub Section 2 of Section
202 Cr.P.C would arise only in cases where ... vitiate the proceedings. In these
sections, there in no mention of Section 202, For our
purpose reference to Section 465 would suffice, which
inter alia
complying with the mandate of Section 202(1) Cr.P.C.
The amendment of the Code of Criminal Procedure in the year 2005
makes ... Cr.P.C but also of the
provisions under Section 210 of the Cr.P.C. Thus, the provisions of Section
465 Cr
