https://www.taxtmi.com/caselaws?id=448158 A prospective accused has no right of audience or participation before process is issued, and cannot be heard to resist a complaint on issues such as territorial jurisdiction, maintainability or bias at the pre-cognizance stage. Criminal conspiracy is ordinarily a question of fact to be established by evidence at trial, so definitive findings on where the agreement was formed, whether it continued, or whether part occurred in Delhi cannot be made from the complaint alone. The commentary states that deciding such matters conclusively before trial exceeds the Magistrate's permissible role, and that interim relief was justified on that basis. en-us Mon, 08 Jan 2024 00:00:00 +0530 Wed, 18 Dec 2024 15:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448158 A prospective accused has no right of audience or participation before process is issued, and cannot be heard to resist a complaint on issues such as territorial jurisdiction, maintainability or bias at the pre-cognizance stage. Criminal conspiracy is ordinarily a question of fact to be established by evidence at trial, so definitive findings on where the agreement was formed, whether it continued, or whether part occurred in Delhi cannot be made from the complaint alone. The commentary states that deciding such matters conclusively before trial exceeds the Magistrate's permissible role, and that interim relief was justified on that basis. Case-Laws Income Tax Mon, 08 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448158