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.