Mandatory Section 202 inquiry before issuing process when accused reside outside jurisdiction, or the order cannot stand.

Where the complaint shows that accused reside outside the Magistrate's territorial jurisdiction, amended Section 202 makes it mandatory to postpone issuance of process and either conduct an inquiry or direct investigation before proceeding. The inquiry is confined to deciding whether sufficient ground exists to proceed further. Because the process order was issued without following this statutory safeguard, it was unsustainable and liable to be set aside, with the matter remitted for fresh consideration in accordance with law.

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Issues: Whether, before issuing process, the Magistrate was bound under Section 202 of the Code of Criminal Procedure to postpone process and conduct an inquiry or direct investigation when the accused resided beyond the territorial jurisdiction of the court.

Analysis: The complaint itself disclosed that all proposed accused were residing outside the territorial jurisdiction of the Magistrate. In such a situation, the amended Section 202 made it obligatory to postpone the issuance of process and either inquire into the case personally or direct an investigation by a police officer or other fit person. The impugned order showed that this mandatory requirement had not been followed. The settled position was that the inquiry under Section 202 is limited to ascertaining whether sufficient ground exists for proceeding further, and the proper course, where the statutory safeguard is ignored, is to set aside the order and send the matter back for fresh consideration in accordance with law.

Conclusion: The issuance of process without compliance with Section 202 was unsustainable, and the order was liable to be quashed with a remand for fresh decision.

Final Conclusion: The application succeeded, the process order was set aside, and the matter was remitted to the Magistrate for reconsideration in accordance with law.

Ratio Decidendi: When the accused resides beyond the territorial jurisdiction of the Magistrate, compliance with the inquiry or investigation requirement under Section 202 is mandatory before process is issued.

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