Inquiry before issuance of process - whether the amendment in ...

Magistrate Must Assess Validity of Claims Before Issuing Process for Accused Outside Jurisdiction.

February 6, 2024

Case Laws     Indian Laws     HC

Inquiry before issuance of process - whether the amendment in Section 202, sub-clause (1) of the Code of Criminal Procedure, contemplating an inquiry before issuance of process by the Magistrate, where the accused is residing outside the jurisdiction of the Court, is discretionary or mandatory? - High Codurt has held that it is nonetheless the duty of the Magistrate to prima facie find out, if the case is made out by the complainant against the accused before the process is issued, so as to avoid any frivolous or vexatious claims being taken forward by the Magistrate.

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