https://www.taxtmi.com/caselaws?id=198332 Where accused persons reside outside the Magistrate's territorial jurisdiction, the amended Section 202 of the Code of Criminal Procedure requires postponement of process and a proper enquiry or investigation before summons can issue; mere reliance on the complaint and verification is insufficient, and process issued without that enquiry cannot be sustained. A private complaint under Section 498A of the Indian Penal Code filed beyond the applicable limitation period also cannot proceed in the absence of an application for condonation of delay, and attempting to prosecute after expiry of limitation is treated as an abuse of process. The impugned process was accordingly set aside on both grounds. en-us Mon, 07 Jun 2010 00:00:00 +0530 Mon, 29 Jan 2018 15:43:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198332 Where accused persons reside outside the Magistrate's territorial jurisdiction, the amended Section 202 of the Code of Criminal Procedure requires postponement of process and a proper enquiry or investigation before summons can issue; mere reliance on the complaint and verification is insufficient, and process issued without that enquiry cannot be sustained. A private complaint under Section 498A of the Indian Penal Code filed beyond the applicable limitation period also cannot proceed in the absence of an application for condonation of delay, and attempting to prosecute after expiry of limitation is treated as an abuse of process. The impugned process was accordingly set aside on both grounds. Case-Laws Indian Laws Mon, 07 Jun 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198332