Supreme Court · 2014 INSC 216 · Decided 27 March 2014
Vijay Dhanuka ETC. v. Najima Mamtaj ETC.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 216 · [2014] 4 S.C.R. 171
- Case number
- CRIMINAL APPEAL No. 678/2014
- Decided
- 27 March 2014
- Bench
- C.K. PRASAD, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; CrPC Section 202, 200, 482, 192, 19
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: 171 A B c s.202 rlw.s.2(g) and s. 200 - "Inquiry" in a case where accused is residing outside territorial jurisdiction of Judicial Magistrate - Nature and purpose of -Held: In such a case, before issuing summons to accused, inquiry uls 202 is mandatory - examined 0 complainant on solemn affirmation and two witnesses and only thereafter directed issuance of process -This exercise by Magistrate for purpose of deciding whether or not there is sufficient ground for proceeding against accused is an inquiry u/s 202 - There is no error in
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