Mandatory Section 202 inquiry before summons to out-of-jurisdiction accused was satisfied by complainant and witness examination.

Where the accused resides beyond the Magistrate's territorial jurisdiction, Section 202 CrPC requires postponement of process and a mandatory inquiry or investigation before summons are issued. The inquiry is broader than Section 200 examination and may include the complainant and witnesses. Here, the Magistrate examined the complainant on oath and also examined witnesses before directing process, which satisfied the statutory requirement. The issuance of summons was therefore legally valid, and the challenge to the process was rejected.

---

---

Issues: Whether inquiry under Section 202 of the Code of Criminal Procedure, 1973 was mandatory before issuance of summons to accused residing beyond the territorial jurisdiction of the Magistrate, and whether the Magistrate had conducted such inquiry before issuing process.

Analysis: Section 202, as amended, makes postponement of process mandatory where the accused resides beyond the Magistrate's jurisdiction. The object of the amendment is to protect persons living at distant places from vexatious complaints and to require the Magistrate to satisfy himself that there is sufficient ground for proceeding before issuing summons. An inquiry under Section 202 is broader than the examination under Section 200 and may include examination of the complainant and witnesses. In the present case, the Magistrate examined the complainant on oath and also examined the witnesses before directing issuance of process; that exercise constituted the required inquiry.

Conclusion: The inquiry required by Section 202 was mandatory, and it was duly held before summons were issued. The order issuing process did not suffer from legal infirmity.

Final Conclusion: The appeals failed, and the challenge to the issuance of summons was rejected.

Ratio Decidendi: When an accused resides outside the territorial jurisdiction of the Magistrate, the Magistrate must postpone issuance of process and conduct an inquiry or direct investigation under Section 202 before summoning the accused; examination of the complainant and witnesses may satisfy that requirement.

---