Supreme Court · 2012 INSC 556 · Decided 3 December 2012
National Bank of Oman v. Barakara Abdul Aziz & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 556 · [2012] 11 S.C.R. 500
- Case number
- CRIMINAL APPEAL No. 9098/2012
- Decided
- 3 December 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 156
Headnote
Code of Criminal Procedure, 1973: c s. 202 (as amended by Amendment Act, 2005) - Duty of Magistrate - To direct inquiry and investigation - Complaint before CJM Ahmednagar - Against the accused who was resident of an area, not falling within the territorial jurisdiction of the CJM- CJM issuing and D 420 /PC - High Court quashed the complaint on the ground that CJM passed the order without following the procedure laid down u/s.202 - On appeal, held: It was incumbent upon the CJM to carry out an enquiry or order investigation as contemplated u/s. 202, before issuing process which the
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