Mandatory pre-summoning inquiry under Section 202 is required when the accused lives outside the Magistrate's jurisdiction.

When the accused resides outside the Magistrate's territorial jurisdiction, amended Section 202 of the Code of Criminal Procedure requires the Magistrate to postpone issuance of process and either inquire into the complaint or direct investigation before deciding whether there is sufficient ground to proceed. The inquiry under Section 202 is limited to testing the truth of the complaint allegations and is distinct from investigation under Section 156. Because that mandatory pre-summoning step was omitted after the amendment had come into force, the process order was invalid. The complaint itself was not quashed; the matter was remitted to the Magistrate for fresh consideration in compliance with Section 202.

---

---

Issues: Whether the Magistrate could issue process against an residing outside his territorial jurisdiction without first conducting the inquiry or directing the investigation mandated by the amended Section 202 of the Code of Criminal Procedure, 1973, and whether the High Court was correct in setting aside the process order.

Analysis: Section 202 of the Code of Criminal Procedure, 1973, as amended, makes it obligatory for the Magistrate, where the accused resides beyond the area in which he exercises jurisdiction, to postpone issue of process and either inquire into the case himself or direct an investigation for deciding whether there is sufficient ground for proceeding. The inquiry under this provision is limited to verifying the truth or falsehood of the complaint allegations for the purpose of deciding whether process should issue, and it is distinct from investigation under Section 156. Since the accused admittedly resided outside the Magistrate's jurisdiction and the amended provision had come into force before the process order, the omission to follow Section 202 vitiated the order issuing process. At the same time, the proper course was not to quash the complaint outright, but to remit the matter to the Magistrate for fresh consideration in accordance with Section 202.

Conclusion: The process order could not stand for non-compliance with the mandatory requirements of Section 202 of the Code of Criminal Procedure, 1973, but the complaint was not to be quashed and the matter had to be sent back to the Magistrate for fresh orders.

Final Conclusion: The proceeding was restored to the stage of consideration by the Magistrate, who was required to pass fresh orders after complying with the mandatory pre-summoning procedure.

Ratio Decidendi: When the accused resides beyond the Magistrate's territorial jurisdiction, compliance with the amended Section 202 of the Code of Criminal Procedure, 1973, is mandatory before issuing process.

---