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
Section 203 in The Code of Criminal Procedure, 1973
203. Dismissal of complaint.
- If, after considering the statement on oath (if any) of the complainant ... result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding
Section 202 in The Indian Penal Code, 1860
202. Intentional omission to give information of offence by person bound to inform.—
Whoever, knowing or having
Section 208 in The Code of Criminal Procedure, 1973
208. Supply of copies of statements and document to accused in other cases triable by Court ... each of the following : (i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate; (ii) the statements
Section 202 in The Indian Contract Act, 1872
202. Termination of agency, where agent has an interest in subject-matter.—
Where the agent has himself
proceed, he
can proceed to issue process under Section 204 of the Code.
13. Section 202 contemplates “postponement of issue of
process”. It provides that ... Section 203 of the Code either at the stage of Section 200
itself or on completion of inquiry by the Magistrate under Section 202
Magistrate. Reliance is placed on Sub- Section 3
of Section 202 to contend that the power to arrest
without warrant cannot be exercised ... power of investigation beginning Section 156 and ending with
report or chargesheet under Section 173. On the other hand,
Section 202 applies at post cognizance
this
Chapter-proceeding under section 200 and
thereafter sending it for inquiry 'and report
under section 202 . When the Magistrate
applies his mind ... provisions
of this Chapter-proceeding under- section 200
and thereafter sending it for inquiry and
report under section 202 ".
It is now well settled
under
Section 202 Cr.P.C. . The wording in Sub Section (1) of Section 202
Cr.P.C. is to the effect that the Court ... indicated by Section 162 itself. The
interdict under Section 162 Cr.P.C., therefore,
does not apply to an investigation under Section
202 which provision
under
Section 138 is an abuse of the process. Therefore, the invocation of the
jurisdiction under Section 482 CrPC is justified;
(ii) Section 202 CrPC ... except the power to arrest
without warrant.”
32. Under Sub-Section (1) of Section 202, a Magistrate upon the receipt of a
complaint
