Mandatory pre-summoning inquiry under Section 202 required before issuing summons to accused outside jurisdiction; process set aside.

Where an accused resides beyond the Magistrate's territorial jurisdiction, Section 202(1) of the Code of Criminal Procedure requires a mandatory pre-summoning inquiry before process is issued. Proceeding only on a complaint and an inquiry under Section 200 was insufficient, and the complaint materials did not cure the defect. The summons order was therefore contrary to law, was set aside, and the matter was remitted to the Magistrate for fresh consideration after compliance with Section 202(1).

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Issues: Whether summons could be issued against an accused residing beyond the territorial jurisdiction of the Magistrate without the inquiry mandated by Section 202 of the Code of Criminal Procedure, 1973, and whether the summons order was liable to be set aside with remand for fresh consideration.

Analysis: The petitioner resided outside the jurisdiction of the Magistrate, yet process was issued on the basis of a complaint and an inquiry under Section 200 alone. In such a situation, Section 202(1) required a mandatory inquiry before issuance of summons, so that the Magistrate could ascertain whether sufficient ground existed for proceeding. The complaint materials did not cure this defect, and the issuance of summons without compliance with the statutory procedure was contrary to law. Since the proceeding had not been validly progressed in accordance with the required pre-summoning inquiry, the order issuing process could not stand.

Conclusion: The summons order was improper and was set aside. The matter was remitted to the Magistrate for fresh consideration after compliance with Section 202(1), and the revision was allowed in favour of the petitioner.

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