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ABHIJIT PAWAR vs. HEMANT MADHUKAR NIMBALKAR & ANR.

SCR Citation: [2016] 9 S.C.R. 475
Year/Volume: 2016/ Volume 9
Date of Judgment: 14 December 2016
Petitioner: ABHIJIT PAWAR
Disposal Nature: Appeals Allowed
Neutral Citation: 2016 INSC 1212
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: HEMANT MADHUKAR NIMBALKAR & ANR.
Case Type: CRIMINAL APPEAL /1225/2016
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973: s.202 - Persons residing at a place beyond the area in which the Magistrate exercises his iurisdiction - Issuance of summons - Held: The procedure stipulated C in s.202 is mandatory which imposes an obligation on the Magistrate to ensure that before summoning an accused, who resides beyond his jurisdiction, the Magistrate shall make necessary inquiries into the case himself or direct investigation - Jn the instant case, complainant was aggrieved with the news published in a newspaper and filed complaint against the accused persons who were D described as Printer and Publisher, Managing Director, Chairman of the newspaper - A perusal of summoning order showed that no inquiry was conducted as contemplated in s.202 - Magistrate did not look into the matter in terms of the provisions of s. 7 of the Press Act and applying his mind whether there is any declaration qua E accused persons under the said Act and, if not, on what basis they were to be proceeded with along with the editors - Magistrate directed to take up the matter afresh - Press and Registration of Books Act, 1861.

2. Case referred
3. Act
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4. Keyword
  • Code of Criminal Procedure
  • 1973: s.202 - Persons residing at a place beyond the area in which the Magistrate exercises his iurisdiction - Issuance of summons
5. Equivalent citation
    Citation(s) 2017 AIR 299 = 2017 (3) SCC 528 = 2017 (3) Suppl. SCC 528 = 2016 (12) SCALE 788