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    <title>2022 (3) TMI 1648 - BOMBAY HIGH COURT</title>
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    <description>When accused reside beyond the Magistrate&#039;s territorial jurisdiction, an inquiry under Section 202 CrPC is mandatory before process is issued, and the record here showed no such inquiry. The Bombay High Court also held that an order taking cognizance and issuing summons must disclose application of mind; a bare recital that complaint was received, cognizance was taken, and summons issued was insufficient. On both grounds, the process order was set aside and the matter was remanded for fresh action in accordance with law.</description>
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      <description>When accused reside beyond the Magistrate&#039;s territorial jurisdiction, an inquiry under Section 202 CrPC is mandatory before process is issued, and the record here showed no such inquiry. The Bombay High Court also held that an order taking cognizance and issuing summons must disclose application of mind; a bare recital that complaint was received, cognizance was taken, and summons issued was insufficient. On both grounds, the process order was set aside and the matter was remanded for fresh action in accordance with law.</description>
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