Code of Criminal Procedure, 1973 · Chapter XV: Complaints to Magistrates
Section 202: Postponement of issue of process
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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, [and shall, in a case where the accused is residing at a place beyond the area in which he 1. Ins. by Act 25 of 2005, s. 19 (w.e.f. 23-6-2006).
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 202
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Anil Khandelwal Etc. v. Phoenix India and Anr.
Whether the High Court erred in rejecting the quashing petition filed by the appellants-Officers of the Bank challenging the order passed by the Magistrate issuing process against them for the offences punishable…
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Gurdeep Singh v. The State of Punjab
Issue arose whether the order of conviction and sentence of the appellant for the offences u/ss.307, 353, 332, 225, 186, and 120B IPC and s.25 of the Arms Act, 1959 by the courts below was legally sustainable.
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Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
Whether the Court of Session, without itself recording evidence, can summon a person to stand trial in exercise of its powers u/s.193, Code of Criminal Procedure, 1973 as an accused (along with others committed to it by…
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Ramachandraiah & Anr. v. M. Manjula & Ors.
Whether in the facts and circumstances of the case, the High Court was justified in directing for investigation by the CBI.
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Rikhab Birani & Anr. v. State of Uttar Pradesh & Anr.
Whether the High Court erred in dismissing the s.482, CrPC application filed by the appellants despite the matter being civil in nature.
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M/s Celestium Financial v. A. Gnanasekaran Etc.
Issue arose as regards the maintainability of an appeal under proviso to s.372 CrPC against order of acquittal in a case instituted upon a private complaint u/s.138 Negotiable Instruments Act, by treating the…
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Satbir Singh v. Rajesh Kumar and Others
Matter pertains to the correctness of the order passed by the High Court whereby it set aside the order of the trial court summoning respondents as additional accused for facing trial along with the principal accused.
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M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.
Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to the other having territorial jurisdiction to try the offence in exercise of powers…
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Jaideep Bose v. M/S Bid and Hammer Auctioneers Private Limited
Whether the High Court was justified in dismissing the petition filed by the appellants challenging the initiation of the criminal proceedings against them for the offences u/ss.499 and 500 IPC.
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M/S Jm Laboratories and Others v. State of Andhra Pradesh and Another
Non-speaking summoning order issued by Magistrate against the appellants. Petition under Section 482, CrPC filed by the appellants for quashing, dismissed by High Court. Issue as regards the legality of the summoning…
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Subrata Choudhury @ Santosh Choudhury & Ors. v. The State of Assam & Anr.
Whether after the acceptance of a negative Final Report in the first complaint, upon considering the written objections/protest petition and hearing the complainant, a fresh/second complaint on the same set of facts is…
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Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & Anr.
High Court, if justified in declining to quash and set aside the summoning order passed by the Magistrate, against the appellants-company and its office bearers, for offence punishable u/ss. 406 and 420 IPC.
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Tusharbhai Rajnikantbhai Shah v. Kamal Dayani & Ors.
Accused-petitioner was granted absolute interim protection of anticipatory bail by Supreme Court, until modified or altered upon final disposal of the present SLP which was pending consideration before this Court.…
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Vinod Jaswantray Vyas (Dead) Through Lrs v. The State of Gujarat
The instant appeal is directed against the judgment dated 13.02.2017 passed by the Division Bench of the High Court, whereby, the Division Bench partly accepted the appeal preferred by the appellant accused-A1 and…
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Vikas Chandra v. State of Uttar Pradesh & Anr.
Respondent No.2 was summoned to face the trial for the offence under Section 306 of the Penal Code, 1860. High Court whether justified in quashing the summons.
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Shatrughna Atmaram Patil & Ors. v. Vinod Dodhu Chaudhary & Anr.
One R (owner) sold premises in dispute to five persons. Thereafter, R committed suicide and left behind a suicide note, naming the tenants, who were in possession of premises in question, as abettors. On the strength of…
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M/S Iveco Magirus Brandschutztechnik Gmbh v. Nirmal Kishore Bhartiya & Anr
(i) Whether, while considering a private complaint alleging defamation, the Magistrate before summoning the accused ought to confine himself to the allegations forming par t of the petition only or he may, applying his…
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Zunaid v. State of Up. & Ors.
CJM rejected the final report submitted by the investigating officer and accepted the Protest Petition as the Complaint Case, whether the course opted by the CJM was just, legal and proper in the facts and circumstances…
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