Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off Place: SC [Read Judgment]

The requirement of conducting an inquiry or directing investigation before issuing process is, therefore, not an empty formality, the court said.The Supreme Court in Abhijit Pawar vs. Hemant Madhukar Nimbalkar, has emphasised that in cases where the accused is residing at a place beyond the area in which the magistrate exercises his jurisdiction, it is mandatory on the part of the magistrate. The requirement of conducting an inquiry or directing investigation before issuing process is, therefore, not an empty formality, the court said. The Supreme Court in Abhijit Pawar vs. Hemant Madhukar Nimbalkar, has emphasised that in cases where the accused is residing at a place beyond the area in which the magistrate exercises his jurisdiction, it is mandatory on the part of the magistrate to conduct an inquiry or investigation before issuing the process. The requirement of conducting inquiry or directing investigation before issuing process is, therefore, not an empty formality, said the court, holding that no such an inquiry of the nature enumerated in Section 202 CrPC, was conducted by magistrate against the accused.