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23rd April 2016

Supreme Court observed that the amendment in Section 202 of the Code of Criminal Procedure inserted by the Act 25 of 2005, has a purpose in requiring the concerned Magistrate to postpone the issue of process against the accused if he is residing at a place beyond the area of his jurisdiction and to hold an enquiry or direct an investigation by a police officer or any other person for the purpose of deciding whether or not there is sufficient ground for proceeding. It is to avoid unnecessary harassment to the proposed accused. In such an enquiry, the Magistrate may take evidence of witness on oath but in view of Section 145, Negotiable Instruments Act, 1881, complainant`s evidence on affidavit will also be permissible for the purpose of such enquiry.

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