Code:
(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, may, if he thinks fit, 1 [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.
Explanation:
This section empowers a Magistrate to postpone the issue of process (like summons or warrant) in a criminal case if:
- The Magistrate deems it necessary to have further inquiry made into the case.
- The Magistrate believes that there is reasonable ground to believe that the accused is likely to abscond if the process is issued immediately.
- The Magistrate finds it expedient to postpone the issue of process for any other sufficient reason.
Illustration:
Imagine a situation where a complaint is filed against a person for theft. The Magistrate, after examining the complaint, feels that the evidence presented is insufficient and requires further investigation. In this scenario, the Magistrate can invoke Section 202 and postpone the issuance of a summons to the accused until the investigation is complete.
Common Questions and Answers:
Q: What is the purpose of postponing the issue of process?
A: The purpose is to ensure a fair and just trial. Postponement allows for thorough investigation, prevents potential flight of the accused, and helps gather more evidence.
Q: What is the time limit for postponement under Section 202?
A: There is no fixed time limit. The Magistrate can postpone the issue of process for as long as they deem necessary, but it should be reasonable and justified.
Q: Can the accused challenge the postponement order?
A: Yes, the accused can challenge the postponement order by filing a revision application or a writ petition before the higher court.
