VIJAY DHANUKA ETC. vs NAJIMA MAMTAJ ETC.

The Supreme Court held that for issuing summons under Section 202 of the Code of Criminal Procedure, 1973, an inquiry is necessary when the accused resides outside the territorial jurisdiction of the Magistrate. The Court emphasized that the Magistrate must ascertain whether there are sufficient grounds for proceeding against the accused before issuing summons. The Court quashed the summons issued by the Magistrate, ruling that the procedure laid down in the Code was not followed, thereby upholding the principles of fair trial and due process.