- (1.) THE revisional application under section 401 read with section 482 of the Code of Criminal Procedure is directed against the order dated 10. 4. 2007 passed by learned Judicial Magistrate, 3rd Court, Sealdah in connection with Complaint Case No. C-148 of 2007 whereby and whereunder the learned Court below postponed the issuance of process and directed Officer-in-Charge of Entally Police Station to investigate in terms of provision under sub-section (1) of section 202 of the Code of Criminal procedure.
(2.) THE main contention of the petitioner is that the learned Magistrate while passing the aforesaid order only took into consideration the subsequent amendment which came into force with effect from 23rd June, 2006 without considering the entire scope of section 202 in its proper perspective.
(3.) SECTION 202 of the Code of Criminal Procedure runs as follows : "202. Postponement of issue of process.- (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, if he thinks fit, (and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction,) postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: provided that no such direction for investigation shall be made,- (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an Officer-in-Charge of a police station except the power to arrest without warrant. ";