Whether the accused person residing in a different district could be directly issued with process asking him to appear before the court?

High Court of Jharkhand, in above decision held that :- “It is worth considering that there is no exception to the section 202 Cr.P.C, and in that view of the matter, even in the Government complaint case, section 202 Cr.P.C is mandatory and it is admitted that the petitioners are stationed at Delhi and seeing that the learned magistrate was required to follow the mandatory provision of section 202 Cr.PC which has been amended vide Amendment Act, 2005, making it mandatory to postpone the issue of process where the accused resides in an area beyond the territorial jurisdiction of the Magistrate concerned.”
Our Comments
The position of law is universal in respect of different cases and it is imperative for the court to conduct inquiry in terms of s.202 of Code of Criminal Procedure, 1974 before issuing a process to the person living in a district other than the one where the concerned court is located. This is helpful to many persons facing any private complaints (including for dishonour of cheque) and they could approach jurisdictional High Court or take up the issue in revision proceedings for getting the process quashed on this limited ground.

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