Mandatory Section 202 inquiry before summons to out-of-jurisdiction accused, with non-compliance vitiating the process.

Before issuing process against accused persons residing outside the Magistrate's territorial jurisdiction, compliance with Section 202 CrPC is mandatory. The Magistrate must postpone issuance of process and either conduct an inquiry or direct an investigation when the accused resides beyond jurisdiction; failure to do so vitiates the summoning order. As the accused were residents of Delhi and no such inquiry or investigation was undertaken before process was issued, the process was set aside and the matter remitted to the Magistrate for fresh proceedings after compliance with Section 202.

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Issues: Whether, before issuing process against accused persons residing outside the Magistrate's territorial jurisdiction, compliance with Section 202 of the Code of Criminal Procedure, 1973 was mandatory and, if not complied with, whether the process was liable to be set aside.

Analysis: Section 202 of the Code of Criminal Procedure, 1973 obliges the Magistrate to postpone issuance of process and either inquire into the case himself or direct an investigation where the accused resides beyond jurisdiction. The requirement is mandatory, and the absence of such inquiry or investigation vitiates the issuance of process. Since the petitioners were residents of Delhi and the process had been issued without compliance with Section 202, the challenge to the summoning order succeeded.

Conclusion: The process issued against the petitioners was set aside, and the matter was remitted to the Magistrate for proceedings after compliance with Section 202 of the Code of Criminal Procedure, 1973.

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