Mandatory Section 202 inquiry before summons to a non-resident accused; process set aside for lack of territorial inquiry.

Where an accused resides beyond the Magistrate's territorial jurisdiction, Section 202 CrPC requires a mandatory inquiry or direction for investigation before process is issued. The Court emphasised that a mere prima facie satisfaction on complaint material is insufficient; the Magistrate must expressly apply mind to the complaint, recorded statements and any inquiry result to prevent harassment through false complaints. The Court also noted that, for persons not named in the statutory declaration under Section 7 of the Press and Registration of Books Act, 1861, the Magistrate must consider whether any presumption arises and whether material shows their actual association with the publication before summons are issued. The issuance of process was set aside and the matter remitted for fresh consideration.

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Issues: Whether the summoning order against the non-resident accused was vitiated for non-compliance with Section 202 of the Code of Criminal Procedure and for failure to consider the effect of Section 7 of the Press and Registration of Books Act, 1861.

Analysis: Section 202, as amended, makes it mandatory for the Magistrate to inquire into the case or direct investigation where the accused resides beyond the territorial jurisdiction of the court before issuing process. The object of the amendment is to prevent harassment through false complaints and to ensure that the Magistrate applies his mind to the complaint, the statements recorded, and the result of any inquiry. The summoning order in the present case reflected only a prima facie satisfaction on the complaint materials and did not disclose the kind of inquiry contemplated by Section 202. In relation to the accused who were not shown in the statutory declaration under Section 7 of the Press and Registration of Books Act, 1861, the Magistrate was required to consider whether any presumption arose against them and whether there was material showing their actual association with the publication before issuing process.

Conclusion: The summoning order against the non-resident accused was unsustainable for want of compliance with Section 202. The matter was remitted for fresh consideration in accordance with law, and the complainant was also entitled to a fresh inquiry against the other accused.

Final Conclusion: The proceedings were restored to the Magistrate for reconsideration after the mandatory territorial inquiry, so the issuance of process was set aside and the matter was left open for fresh orders on the complaint.

Ratio Decidendi: When an accused resides beyond the territorial jurisdiction of the Magistrate, inquiry under Section 202 is mandatory before summons can issue, and the Magistrate must expressly apply mind to the material and any statutory presumption relevant to the accused's role.

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