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Investigation and Inquiry Under Section 202 of the Code of Criminal Procedure, 1973

By Jitendra Kumar Sharma

Published In

Cri LJ 1991

In cases instituted on a complaint, Magistrate may take cognizance of the offences complained of, under S. 190(l)(a) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and then after following the procedure laid down under S. 200 and succeeding Sections of Chapters XV and XVI of the Code, either dismiss the complaint or issue process against the accused. In appropriate cases, the Magistrate can, postpone the issue of process and direct an investigation to be made by the police officer or suchother person as he thinks fit, or inquire into it himself under S. 202 of the Code, to ascertain whether or not there is sufficient ground for proceeding. The Hon'ble High Court of Orissa has, in a recent decision, reported in 1990 Cri LJ (NOC) 115 (Orissa) Nira Mohanty v. N. Padhan, held that an inquiry under S. 202 of the Code can be conducted by the Magistrate without his having taken cognizance of the offence. And that taking cognizance of the offences an ....

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