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.