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march 2014

Supreme Court of India · 2014-03-27

Vijay Dhanuka Etc vs Najima Mamtaj Etc

Court
Supreme Court of India
Petitioner
Vijay Dhanuka Etc
Respondent
Najima Mamtaj Etc
Author
Chandramauli Kr. Prasad
Bench
Chandramauli Kr. Prasad, Pinaki Chandra Ghose

Judgment text excerpt

The Supreme Court addressed the issue of territorial jurisdiction under Section 202 of the Code of Criminal Procedure, 1973, holding that when the accused reside outside the jurisdiction of the Magistrate, an inquiry is necessary before issuing summons. The Court emphasized that the Magistrate must ascertain sufficient grounds for proceeding against the accused after such inquiry. The High Court's rejection of the petitioners' applications challenging the summons was set aside, reinforcing the need for adherence to procedural safeguards in criminal proceedings.

Vijay Dhanuka Etc vs Najima Mamtaj Etc · Niyam