SANTOSH VERMA Vs. SUNIL KUMAR GUPTA
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
SUNIL KUMAR GUPTA
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(1.) Present petition is filed assailing the impugned summoning order dated 06.12.2008 passed by Special Judicial Magistrate, 1st, Dehradun in Criminal Complaint Case No. 1097 of 2008 whereby learned Magistrate was pleased to summon the petitioners under Sections 420 and 120-B I.P.C.
(2.) Undisputedly, petitioners /accused are resident of Kanpur which is beyond the territorial jurisdiction of Special Judicial Magistrate, 1st, Dehradun. Perusal of the impugned summoning order further reveals that learned Magistrate initially reproduced the contents of the F.I.R. and thereafter in one paragraph has observed as under :-
"Complainant in his statement recorded under Section 200 Cr.P.C. has repeated the contents of the complaint; statements of Vikas Gupta S/o Jaidev Gupta were also got recorded under Section 202 Cr.P.C.; moreover, in support of the contents of the complaint, complainant has produced documents serial No. 1 to 23; complainant has proved contents of the complaint prima-facie, therefore, there is sufficient 2 ground to summon the accused under Section 120-B and 420 I.P.C."
(3.) Hon'ble Apex Court in the case of National Bank of Oman Vs. Barakara Abdul Aziz and another, 2013 2 SCC 488 has held as under :-
"8. We find no error in the view taken by the High Court that the C.J.M. Ahmednagar had not carried out any enquiry or ordered investigation as contemplated under Section 202 of the Cr.P.C. before issuing the process, considering the fact that the respondent is a resident of District Dakshin Kannada, which does not fall within the jurisdiction of the C.J.M. Ahmednagar. It was, therefore, incumbent upon him to carry out an enquiry or order investigation as contemplated under Section 202 of the Cr.P.C. before issuing the process.
9. The duty of a Magistrate receiving a complaint is set out in Section 202 of the Cr.P.C. and there is an obligation on the Magistrate to find out if there is any matter which calls for investigation by a criminal court. The scope of enquiry under this Section is restricted only to find out the truth or otherwise of the allegations made in the complaint in order to determine whether process has to be issued or not.
Investigation under Section 202 of the Cr.P.C. is different from the investigation contemplated in Section 156 as it is only for holding the Magistrate to decide whether or not there is sufficient grounds for him to proceed further. The scope of enquiry under Section 202 of the Cr.P.C. is, therefore, limited to the ascertainment of truth or falsehood of the allegations made in the complaint:
(i)on the materials placed by the complainant before the Court
(ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made our; and 3
(iii) for deciding the question purely from the point of view of the complainant without at all adverting to any defence that the accused may have.
10. Section 202 of the Cr.P.C. was amended by the Cr.P.C. (Amendment Act 2005) and the following words were inserted:
"and shall, in a case where the accused is residing at a place beyond the area in whichhe exercises jurisdiction";
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