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Is Cr PC 202 a mandatory process
01-Sep-2024 (In Criminal Law)
Judge granted complainant's appln. for Cr PC 156(3) investigation. Police file report. Judge undertake Cr PC 202 and requested say of complainant. Why Judge not issue process? Is Cr PC 202 mandatory?
Section 202 of the Criminal Procedure Code (CrPC) applies at the post-cognizance stage. Section 202 deals with the postponement of the issue of process by a Magistrate after they have taken cognizance of an offense. The purpose of Section 202 is to determine the nature of the complaint and decide if there is enough ground to proceed. On the contrary, you have filed an Application to the concerned Magistrate for taking Pre-Cognizance of an Offence under Sec 156 (3) of CRPC, 1973 for offences committed before 1st July 2024.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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