1963 (2) CRI. L. J. 397 ::1964 MadLJ(Cri) 85 ::1964 (1) SCJ 202 ::1964 (1) SCR 639

Supreme Court Of India

(From Calcutta)*

Hon'ble Judge(s): S. Jafer Imam, K. Subba Rao, Raghubar Dayal, J. R. Mudholkar , JJJ

(A) Criminal P.C. (5 of 1898) , S.202— Preliminary enquiry into complaint - Position of accused - Accused how far can take part in enquiry before issue of process. The entire scheme of Ch. XVI of the Code of Criminal Procedure shows that an accused person does not come into the picture at all till process is issued. This does not mean that he is precluded from being present when an enquiry is held by a Magistrate. He may remain present either in person or through a counsel or agent with a view to be informed of what is going on. But since the very question for consideration being whether he should be called upon to face an accusation, he has no right to take part in the proceedings nor has the Magistrate any jurisdiction to permit him to do so. It would follow from this, therefore, that it would not be open to the Magistrate to put any question to witnesses at the instance of the person named as accused but against whom process has not been issued; nor can he examine any witnesses at the instance of such a person. Of course, the Magistrate himself is free to put such questions to the witnesses produced before him by the complainant as he may think proper in the interests of justice. But beyond that, he cannot go. AIR 1960 SC 1113, Ref. to.(Para 7) No doubt, one of the objects behind the provisions of S. 202,Cr. P. C. is to enab....