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TMI Blog2019 (6) TMI 1581X X X X Extracts X X X X X X X X Extracts X X X X ..... e himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding in the matter, which was not done in the present case - HELD THAT:- Dealing with Section 202 of Cr.P.C Hon'ble Supreme Court of India in ABHIJIT PAWAR VS. HEMANT MADHUKAR NIMBALKAR AND ANOTHER [ 2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a memo seeking to give up prayer No.(A) of the petitions. In view of the said memo, prayer (A) in the writ petitions stand dismissed. 2. Heard learned counsel for the petitioners on prayer Nos.(B) and (C) of the petitions whereby the petitioners have sought to quash the complaint lodged against them in C.C.No.6390/2015 for the alleged offences punishable under Sections 499 and 500 of IPC and to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding in the matter. It is contended that in the absence of any such enquiry, the impugned order passed by the learned Magistrate is liable to be set aside by this Court. 4. Deal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Pune. In para 23, the Hon'ble Supreme Court has laid down as under: 23. Admitted position in law is that in those cases where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction, it is mandatory on the part of the Magistrate to conduct an enquiry or investigation before issuing the process. 5. In view of the ratio laid down in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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