2023 (8) TMI 1623

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....Mr. Rahul Pratap, AOR Ms. Atiga Singh, Adv. Mr. Abhimanyu Tewari, AOR Ms. Eliza Bar, Adv. ORDER UPON hearing the counsel the Court made the following Heard the learned counsel appearing for the petitioner. 2. The petitioner is the complainant in a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (for short "CRPC") alleging offences punishable under Sections 120-B, 40....

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.... SCC 538 As the mandatory requirement of sub-section 1 of Section 202 of the CRPC was not followed, the High Court proceeded to quash the order issuing summons and remanded the complaint to the learned Magistrate to deal with the same from the stage of Section 202 of the CRPC. 3. The submission of the learned counsel appearing for the petitioner/complainant is that it was too late in the day that....

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....ing at a place outside the jurisdiction of the learned Magistrate. In fact, in paragraph No.12 of the aforesaid decision relied upon by the learned counsel appearing for the petitioner, this Court held that in a case where one of the accused is a resident of a place outside the jurisdiction of the learned Magistrate, following the procedure under subsection 1 of Section 202 of the CRPC is mandator....