https://www.taxtmi.com/caselaws?id=311701 A pre-process inquiry under Section 202 CrPC is confined to deciding whether sufficient ground exists for proceeding and is not a trial. A person named in the complaint does not become an accused until process is issued, and the Magistrate has no jurisdiction to allow that person to participate by filing affidavits, written submissions, producing evidence, cross-examining witnesses, or otherwise mounting a defence at that stage. The Delhi HC held that permitting such participation exceeded Section 202, set aside the impugned order, and restored the complaint for fresh consideration limited to the complainant's material and statements. en-us Mon, 15 Dec 2003 00:00:00 +0530 Tue, 09 Jan 2024 14:32:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311701 A pre-process inquiry under Section 202 CrPC is confined to deciding whether sufficient ground exists for proceeding and is not a trial. A person named in the complaint does not become an accused until process is issued, and the Magistrate has no jurisdiction to allow that person to participate by filing affidavits, written submissions, producing evidence, cross-examining witnesses, or otherwise mounting a defence at that stage. The Delhi HC held that permitting such participation exceeded Section 202, set aside the impugned order, and restored the complaint for fresh consideration limited to the complainant's material and statements. Case-Laws Indian Laws Mon, 15 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311701