Singh
JUDGMENT
Ranjit Singh, J.
1. Invoking the amended provisions of Section 202 Cr.P.C., this petition for quashing the complaint and summoning order ... behalf of the petitioner that no enquiry, as envisaged under Section 202 Cr.P.C., was held before summoning the petitioner, notice of motion
Equivalent citations: AIR1998P&H202, (1998)120PLR53, AIR 1998 PUNJAB AND HARYANA 202, (1998) 3 CIVILCOURTC 313, (1998) 120 PUN LR 53, (1998) 2 RECCIVR
trial Court was required to hold an inquiry as envisaged
under Section 202 Cr.P.C. before summoning the petitioner as an
accused. In support ... that the CJM did not follow
the procedure laid down under Section 202 Cr.P.C. The
High Court held that the Magistrate was obliged
Machino Montell (I) Ltd. on 25 July, 2006
Equivalent citations: 2006(202)ELT398(P&H), 2006[4]S.T.R.177
Bench: Adarsh Kumar Goel
issue the order of
summoning without complying with the mandate of Section 202(1) Cr.P.C.
The amendment of the Code of Criminal Procedure ... other hand,
submitted that the holding of an enquiry under Section 202(1) Cr.P.C was
not mandatory and that in any case
PUNJAB AND HARYANA 113, 1984 (1) DMC 61, (1984) 86 PUN LR 202, (1984) MARRILJ
Excise vs Ralson India Ltd. on 19 December, 2005
Equivalent citations: 2006(202)ELT759(P&H), 2008[10]S.T.R.505, [2007]6STT134
Author
BEDI,J.
The extent of powers and scope of authority under Section 202
Cr.P.C. of a Magistrate after recording preliminary evidence but before ... misrepresentation of facts and on the
misconstruction of the provisions of Section 202 Cr.P.C. Referring to the
provisions of Sections 200 to 202
give a report to the Court within thirty
days under Section 202(1) of the Code of Criminal Procedure,
1973 (for short "the Code ... exercised by a police officer while making an inquiry
under Section 202(1) of the Code of Criminal Procedure
particularly, whether he has power
trial
Magistrate did not hold the enquiry as provided under section 202 Cr.PC,
therefore, the summoning order (Annexure P2) is illegal, in view ... complainant and the witnesses, and also by the
Magistrate.
8. Sequelly, section 202 of the Code further posits that "any Magistrate,
on receipt
