Friday, 1 January 2016

When order of issue process passed against accused residing outside territorial jurisdiction of court can not be quashed?

 The learned Counsel for the applicants submits that
the applicants herein are residing beyond the territorial

jurisdiction of the learned Magistrate, who issued process
against the accused. Learned Counsel for the applicants submits
that, this is a patent irregularity and that the Magistrate ought to
have issued notice under Section 202 of the Code of Criminal
Procedure (Cr.P.C.) and, thereafter, proceeded with the matter
since he was inclined to issue process. The applicants herein
have therefore prayed that the order issuing process be quashed
and set aide.
 The learned Counsel for respondent No. 2 rightly
submits that, the proceedings under Section 202 of Cr.P.C. is
only an irregularity and it would not vitiate the proceedings and
hence there is no question of quashing the said proceedings for
non-compliance of Section 202 of Cr.P.C.
 In view of this, the matter deserves to be remanded
and is accordingly remanded to the Court of 7th Judicial
Magistrate First Class, Dhule for complying with the provisions
under Section 202 of Cr.P.C. The learned Magistrate ought to
have postponed the issuance of process. Hence, the order dated
22nd June, 2012 being at premature stage deserves to be quashed
and set aside. It is made clear that the complaint has not been
quashed in this petition and that the matter is remanded only

for complying with the provisions under Section 202 of Cr.P.C.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 5934 OF 2013
Deepak S/o Damu Mahale,

Versus
The State of Maharashtra.

 CORAM : SMT. SADHANA S. JADHAV, J.
 DATED : APRIL 21ST, 2015.
Citation; 2015 ALLMR (CRI)4354

 Heard respective Counsel. Rule. Rule made
returnable forthwith with the consent of parties.
2. The applicants herein are accused in RCC No. 340 of
2012. Respondent No. 2 had filed a complaint alleging offence
punishable under Sections 498-A and 406 of the Indian Penal
Code, before the learned Judicial Magistrate First Class, Dhule.
The learned Magistrate had, by an order dated 22nd June, 2012
issued process against the accused for offence punishable under
Sections 498-A and 406 of the Indian Penal Code.
3. The learned Counsel for the applicants submits that
the applicants herein are residing beyond the territorial

jurisdiction of the learned Magistrate, who issued process
against the accused. Learned Counsel for the applicants submits
that, this is a patent irregularity and that the Magistrate ought to
have issued notice under Section 202 of the Code of Criminal
Procedure (Cr.P.C.) and, thereafter, proceeded with the matter
since he was inclined to issue process. The applicants herein
have therefore prayed that the order issuing process be quashed
and set aide.
4. The learned Counsel for respondent No. 2 rightly
submits that, the proceedings under Section 202 of Cr.P.C. is
only an irregularity and it would not vitiate the proceedings and
hence there is no question of quashing the said proceedings for
non-compliance of Section 202 of Cr.P.C.
5. In view of this, the matter deserves to be remanded
and is accordingly remanded to the Court of 7th Judicial
Magistrate First Class, Dhule for complying with the provisions
under Section 202 of Cr.P.C. The learned Magistrate ought to
have postponed the issuance of process. Hence, the order dated
22nd June, 2012 being at premature stage deserves to be quashed
and set aside. It is made clear that the complaint has not been
quashed in this petition and that the matter is remanded only

for complying with the provisions under Section 202 of Cr.P.C.
Hence, following order is passed.
ORDER
(i) The order dated 22nd June, 2012 passed by learned 7th
Judicial Magistrate First Class, Dhule is hereby
quashed and set aside.
(ii) The learned Magistrate shall comply with the
provisions under Section 202 of the Code of Criminal
Procedure within a period of three weeks from the
date of receipt of this order and, thereafter, take
appropriate steps in accordance with law.
Rule is made absolute in above terms with no order
as to costs.
( SMT. SADHANA S. JADHAV, J. )

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