Section 202 inquiry cannot become adversarial; person named in complaint may not contest the case before process is issued.

A pre-process inquiry under Section 202 CrPC is confined to deciding whether sufficient ground exists for proceeding and is not a trial. A person named in the complaint does not become an accused until process is issued, and the Magistrate has no jurisdiction to allow that person to participate by filing affidavits, written submissions, producing evidence, cross-examining witnesses, or otherwise mounting a defence at that stage. The Delhi HC held that permitting such participation exceeded Section 202, set aside the impugned order, and restored the complaint for fresh consideration limited to the complainant's material and statements.

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Issues: Whether, at the stage of inquiry under Section 202 of the Code of Criminal Procedure, 1973, a person named in the complaint can be permitted to participate in the proceedings, file affidavits and written submissions, and otherwise contest the allegations before process is issued.

Analysis: An inquiry under Section 202 is confined to deciding whether there is sufficient ground for proceeding and is not a trial. A person named as accused does not become an accused until process is issued, though such person may remain present. The statutory scheme does not contemplate adjudication of guilt or innocence at that stage, and the Magistrate has no jurisdiction to allow such a person to take part in the inquiry by producing evidence, filing affidavits, cross-examining witnesses, or advancing a defence as if in trial. The procedure adopted by the Magistrate in allowing participation and consideration of the respondents' version therefore exceeded the limits of Section 202.

Conclusion: The person named in the complaint has no right to participate in a Section 202 inquiry, and the Magistrate cannot permit such participation before process is issued.

Final Conclusion: The impugned order was set aside and the complaint was restored for fresh consideration confined to the complainant's material and statements, without reliance on the respondents' affidavits or submissions.

Ratio Decidendi: A pre-process inquiry under Section 202 of the Code of Criminal Procedure, 1973 is not a trial and cannot be converted into an adversarial proceeding by allowing the person complained against to participate in determining whether process should issue.

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