https://www.taxtmi.com/caselaws?id=198338 Section 202 of the Code of Criminal Procedure, as amended, is not mandatory in every complaint case; the Magistrate's duty to inquire into an residing beyond jurisdiction arises only after the Magistrate first exercises discretion to postpone issuance of process. The provision operates within the Chapter XV scheme alongside Sections 200, 203 and 204, and does not curtail the Magistrate's power to examine the complainant and decide whether to issue process or dismiss the complaint. Procedural non-compliance, without a statutory consequence or failure of justice, does not by itself vitiate the proceeding. On that basis, the revisional order setting aside process was held unsustainable and the Magistrate's order restoring process was upheld. en-us Wed, 04 Feb 2009 00:00:00 +0530 Mon, 29 Jan 2018 16:10:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198338 Section 202 of the Code of Criminal Procedure, as amended, is not mandatory in every complaint case; the Magistrate's duty to inquire into an residing beyond jurisdiction arises only after the Magistrate first exercises discretion to postpone issuance of process. The provision operates within the Chapter XV scheme alongside Sections 200, 203 and 204, and does not curtail the Magistrate's power to examine the complainant and decide whether to issue process or dismiss the complaint. Procedural non-compliance, without a statutory consequence or failure of justice, does not by itself vitiate the proceeding. On that basis, the revisional order setting aside process was held unsustainable and the Magistrate's order restoring process was upheld. Case-Laws Indian Laws Wed, 04 Feb 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198338