Section 202(1) CrPC Procedure Mandatory When One Of Accused Is A Resident Of A Place Outside Magistrate's Jurisdiction : Supreme Court

The Supreme Court observed that the procedure under Section 202(1) CrPC is mandatory when one of the accused is a resident of a place outside the jurisdiction of the Magistrate.

In this case, the complainant filed a complaint before magistrate alleging offences punishable under Sections 120-B, 406, 420 read with Section 34 of the Indian Penal Code. The Magistrate issued summons after examining him. Thereafter, the accused approached High Court contending that though some of the accused were residing at a place beyond the area covered by the jurisdiction of the Magistrate, the mandatory requirement of Section 202(1) of CRPC was not followed. The High Court quashed the order issuing summons and remanded the complaint to the  Magistrate to deal with the same from the stage of Section 202 CrPC.

Dismissing the Special Leave Petition filed by the complainant, the bench observed thus:

"There cannot be any doubt that in view of the use of word "shall" in sub-section 1 of Section 202 of the CRPC and the object of amendment made by the Act No. 25 of 2005, the provision will have to be held as mandatory in a case where the accused is residing 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 mandatory. "

The court said that even substantial compliance has not been made by the Magistrate in this case.

Odi Jerang vs Nabajyoti Baruah | 2023 LiveLaw (SC) 702 | SLP (Crl) 2135/2022

Code of Criminal Procedure, 1973 ; Section 202(1) - 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 Section 202(1) is mandatory. (Para 4)

Click here to Read/Download Order