Mandatory Section 202 inquiry before summons to out-of-jurisdiction accused; non-compliance invalidates the process order.

Where accused persons reside outside the Magistrate's territorial jurisdiction, the pre-summoning inquiry or investigation under Section 202 CrPC is mandatory before process is issued. The High Court held that the Magistrate's failure to conduct the required preliminary inquiry after examination of the complaint under Section 200 vitiated the summoning order. It also held that Section 465 CrPC did not cure the defect, as omission of a mandatory procedural safeguard is not a mere irregularity, particularly before charges are framed. The order issuing process was therefore set aside and the matter was directed to proceed afresh in accordance with law after compliance with Section 202.

---

---

Issues: Whether, before issuing process to accused persons residing beyond the territorial jurisdiction of the Magistrate, compliance with Section 202 of the Code of Criminal Procedure, 1973 was mandatory and whether non-compliance vitiated the summoning order.

Analysis: The complaint was examined under Section 200 of the Code of Criminal Procedure, 1973 and process was issued without the inquiry or investigation contemplated by Section 202. The accused were admittedly residing outside the Magistrate's jurisdiction. The purpose of the amended provision is to require a preliminary inquiry or investigation before summons are issued to such accused so that unnecessary harassment is avoided. The earlier view treating the provision as directory was distinguished as predating the amendment, while the later post-amendment authority was applied. The bar under Section 465 of the Code of Criminal Procedure, 1973 was held inapplicable because omission to follow a mandatory procedural safeguard is not a mere curable irregularity, particularly when charges had not yet been framed.

Conclusion: Non-compliance with Section 202 vitiated the order issuing process, and interference in exercise of inherent jurisdiction was warranted.

Final Conclusion: The summoning order was set aside and the matter was directed to proceed afresh in accordance with law after compliance with the required preliminary procedure.

Ratio Decidendi: Where the accused resides outside the territorial jurisdiction of the Magistrate, the pre-summoning inquiry or investigation under Section 202 of the Code of Criminal Procedure, 1973 is mandatory, and failure to comply invalidates the process issued.

---