Magistrate, and an accused against whom investigation has been directed under section 202(1) of the Code. Although the nature of both the investigations ... Code. The post-cognizance investigation directed by the Magistrate under section 202(1) although it is of a limited nature at the stage of inquiry
complaint can be filed under Section 200 before a magistrate and Section 202 contemplates that the magistrate may, on receipt of the complaint, postpone ... sufficient ground for proceeding". An investigation by the police under Section 202 is not mandatory. Whereas an investigation by the police under Section
statements of witnesses were recorded under section 202 Cr.P.C.. Thereafter, learned Magistrate has passed the impugned order wherein not a single word ... Afzaal, Ayoon Khan, Istekhar Ali and Bharat Singh were recorded under Section 202 Cr.P.C. Thereafter, learned Magistrate has passed following order
Deceased By ... on 5 May, 1988
Equivalent citations: AIR1989ALL202, AIR 1989 ALLAHABAD 202
district Ambedkar Nagar. In view of amended provision of Section 202 Cr.P.C. which are mandatory in nature, the non compliance shall vitiate ... separately but they were also made accused.
11. The provisions of section 202(1) Cr.P.C. are quoted herein below;
"202. Postponement
omission to examine the complainant and his witnesses Under Section 200 & 202 CR.P.C .
4. Whether the accused is entitled to any notice ... examine the complainant and the witness present, if any. Section 202 provides that a Magistrate taking cognizance of a case upon complaint
cognizance on the complaint and may adopt procedure provided under section 200 , 202 of Cr.P.C. The relevant provisions are as follows:-
Jurisdiction ... Section 200 and thereafter sending it for inquiry and report under Section 202 . When the Magistrate applies his mind not for the purpose of proceeding
shall examine upon oath the complainant and the witnesses, if any. Section 202 enables the magistrate to postpone the issuance of process against the accused ... there is sufficient ground for proceeding. However, the two provisos to Section 202 stipulate that no direction for investigation shall be made (i) where
same as complaint and proceed to act under Sections 200 and 202 Cr.P.C. and thereafter decided whether complaint should be dismissed or process ... bound to follow the procedure laid down in sections 200 and 202 of the Code, and consequently the proviso to Section 202
scope and ambit of the powers of a Magistrate under Sections 200, 202, 203 and 204 of the Code of Criminal Procedure, 1973; and whether ... scope and ambit of the powers of the Magistrate under Sections 200 , 202 , 203 and 204 of the Code.
5. According to Section
