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The High Court examined the validity of a summoning order u/s 53 r.w.s. 3 of the Benami Act, challenged on the grounds of territorial jurisdiction. The Ministry of Finance designated a Special Court u/s 50 of the Benami Act for certain districts, including where the alleged transactions occurred. The Initiating Officer found unaccounted cash deposited in a bank account during demonetization, leading to a complaint filed before the Special Court. Section 202 Cr.P.C. mandates an enquiry to determine if there are sufficient grounds for proceeding, which was satisfied in this case. The summoning order was deemed legal, as it fulfilled the requirements of Section 202 Cr.P.C. and did not cause a failure of justice.
The High Court examined the validity of a summoning order u/s 53 r.w.s. 3 of the Benami Act, challenged on the grounds of territorial jurisdiction. The Ministry of Finance designated a Special Court u/s 50 of the Benami Act for certain districts, including where the alleged transactions occurred. The Initiating Officer found unaccounted cash deposited in a bank account during demonetization, leading to a complaint filed before the Special Court. Section 202 Cr.P.C. mandates an enquiry to determine if there are sufficient grounds for proceeding, which was satisfied in this case. The summoning order was deemed legal, as it fulfilled the requirements of Section 202 Cr.P.C. and did not cause a failure of justice.
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