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Issues: (i) Whether issuance of summons to accused residing beyond the territorial jurisdiction of the Magistrate required a mandatory inquiry under Section 202 of the Code of Criminal Procedure, 1973; (ii) Whether the order taking cognizance and issuing summons was unsustainable for want of reasons showing application of mind.
Issue (i): Whether issuance of summons to accused residing beyond the territorial jurisdiction of the Magistrate required a mandatory inquiry under Section 202 of the Code of Criminal Procedure, 1973.
Analysis: Where the accused resides outside the area in which the court exercises jurisdiction, an inquiry under Section 202 is mandatory before process is issued. The record disclosed no such inquiry before summons were issued to the petitioners, although they were admittedly outside jurisdiction.
Conclusion: This issue was answered in favour of the petitioners.
Issue (ii): Whether the order taking cognizance and issuing summons was unsustainable for want of reasons showing application of mind.
Analysis: An order issuing summons must reflect application of mind and cannot be a mechanical direction. The impugned order merely recorded receipt of the complaint, cognizance taken, and issuance of summons, without any reasons even in brief to show consideration of the material.
Conclusion: This issue was answered in favour of the petitioners.
Final Conclusion: The order issuing process was set aside and the matter was sent back for fresh action in accordance with law.
Ratio Decidendi: When accused reside beyond jurisdiction, inquiry under Section 202 of the Code of Criminal Procedure, 1973 is mandatory before process is issued, and the order issuing summons must disclose application of mind through a reasoned or speaking order.
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