https://www.taxtmi.com/caselaws?id=280587 Where an accused resides beyond the Magistrate's territorial jurisdiction, Section 202 CrPC requires a mandatory inquiry or direction for investigation before process is issued. The Court emphasised that a mere prima facie satisfaction on complaint material is insufficient; the Magistrate must expressly apply mind to the complaint, recorded statements and any inquiry result to prevent harassment through false complaints. The Court also noted that, for persons not named in the statutory declaration under Section 7 of the Press and Registration of Books Act, 1861, the Magistrate must consider whether any presumption arises and whether material shows their actual association with the publication before summons are issued. The issuance of process was set aside and the matter remitted for fresh consideration. en-us Wed, 14 Dec 2016 00:00:00 +0530 Tue, 07 Jan 2025 15:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280587 Where an accused resides beyond the Magistrate's territorial jurisdiction, Section 202 CrPC requires a mandatory inquiry or direction for investigation before process is issued. The Court emphasised that a mere prima facie satisfaction on complaint material is insufficient; the Magistrate must expressly apply mind to the complaint, recorded statements and any inquiry result to prevent harassment through false complaints. The Court also noted that, for persons not named in the statutory declaration under Section 7 of the Press and Registration of Books Act, 1861, the Magistrate must consider whether any presumption arises and whether material shows their actual association with the publication before summons are issued. The issuance of process was set aside and the matter remitted for fresh consideration. Case-Laws Indian Laws Wed, 14 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280587