Criminal Procedure Code. Section 202. When the accused has office, branch office or the like within the jurisdiction of the Magistrate where the offence has been committed, there is no requirement of enquiry before issuance of summons. Karnataka High Court.

M/s. Dream Logistics Company vs Karnataka State Pollution Control Board. Criminal Petition 101728/2017 decided on 6 November 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348072/1/CRLP101728-17-06-11-2020.pdf

Relevant paragraphs: 9. Whether a Magistrate can issue summons to a person residing outside the territorial jurisdiction without conducting an enquiry under Section 202 of Cr.P.C., if so under what circumstances?

9.5 The procedure under Section 202 of Cr.P.C. is required to be followed only when the accused has no presence at all within the jurisdiction of the Court issuing process, which is not the case here.

HELD: 9.10.1 When the accused is having an office, branch office, corporate office, sales office or the like within the jurisdiction of the Magistrate where the offence has been committed and or continues to be committed, there would be no requirement for any enquiry under Section 202 of Cr.P.C. It would, however, be required for the Magistrate to in the order of issuance of summons/process record as to why the enquiry under Section 202 of Cr.P.C is not being held.

9.10.2 In the event of accused being an individual, if the said accused has a temporary residence within the jurisdiction of the Magistrate, again merely because he does not have a permanent residence, there is no enquiry which is required to be conducted under Section 202 of Cr.P.C. It would, however, be required for the Magistrate to in the order of issuance of summons/process record as to why the enquiry under Section 202 of Cr.P.C is not being held.

9.10.3 When the accused has no presence within the jurisdiction of the Magistrate where the offence has been committed, then it would be mandatory for an enquiry under Section 202 of the Cr.P.C to be held.

9.10.4.   In the event of accused being aggrieved by the issuance of summons, the said accused immediately on receipt of the summons   and/or   on appearance  before  the Magistrate is required to make out his grievance before the Magistrate Court and/or by petition under Section 482 Cr.P.C. If there is any delay, in such challenge and/or if challenge has not made within reasonable time, the accused would not be entitled to raise the grievance that the procedure under Section 202 of Cr.P.C. has not been followed on  account of delay and latches.

Compiled by S. Basavaraj, Advocate, Daksha Legal.