2023 (8) TMI 1623

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..... ement of Section 202(1) of CRPC - HELD THAT:- There cannot be any doubt that in view of the use of word "shall" in sub-section 1 of Section 202 of the CRPC and the object of amendment made by the Act No. 25 of 2005, the provision will have to be held as mandatory in a case where the accused is residing at a place outside the jurisdiction of the learned Magistrate. In fact, in paragraph No.12 of th .....

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..... an objection was raised by the respondents. Considering the mandatory nature of sub-section 1 of Section 202 of the CRPC, in the facts of this case, non-compliance thereof will result into failure of justice. Hence, there are no error in the impugned order of remand passed by the High Court. SLP dismissed.
HON'BLE MR. JUSTICE ABHAY S. OKA AND HON'BLE MR. JUSTICE PANKAJ MITHAL For the .....

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..... raised an objection on the ground that though some of the accused were residing at a place beyond the area covered by the jurisdiction of the learned Magistrate, the mandatory requirement of Section 202(1) of CRPC was not followed. On that ground, the order issuing summons was challenged by the respondents by invoking Section 482 of the CRPC before the High Court. The High Court relied upon a deci .....

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..... ing summons. She has placed reliance on a decision of this Court in the case of Vijay Dhanuka & Ors. v. Najima Mamtaj (2014) 14 SCC 638. Her submission is that the objection ought not to have been entertained at such a belated stage. 4. There cannot be any doubt that in view of the use of word "shall" in sub-section 1 of Section 202 of the CRPC and the object of amendment made by the Act No. 25 o .....

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..... 5. In this case, even substantial compliance has not been made by the learned Magistrate. It is true that evidence was recorded before charge and at that stage, an objection was raised by the respondents. Considering the mandatory nature of sub-section 1 of Section 202 of the CRPC, in the facts of this case, non-compliance thereof will result into failure of justice. Hence, we find no error in t .....

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