NATIONAL BANK OF OMAN versus BARAKARA ABDUL AZIZ & ANR.

NATIONAL BANK OF OMAN versus BARAKARA ABDUL AZIZ & ANR.

It is incumbent upon the Magistrate to conduct an enquiry or direct an investigation under Section 202 CrPC before issuing process against an accused residing outside his jurisdiction. The CJM Ahmednagar failed in this duty; therefore, the High Court’s order setting aside the issuance of process was correct. However, instead of quashing, the matter should be remitted to the Magistrate for fresh orders complying with Section 202.

Parties
Complainant/petitioner: National Bank of Oman; Accused/respondent: Barakara Abdul Aziz; Co Accused/respondent: Anr.
Jurisdiction
India
Judgment Date
03 December 2012
Procedural Posture
Criminal Appeal / Special Leave Petition (final Order)
Outcome
Special Leave Petition disposed of; High Court's order upheld; complaint not quashed but remitted for fresh consideration under Section 202 CrPC.
Legal Topics
Section 202 Cr PC Duty of Magistrate, Issuance of Process Against Accused Outside Jurisdiction, Amendment Act 2005, Sections 418 and 420 IPC Cheating
Criminal Law Criminal Procedure Section 202 Cr PC Duty of Magistrate Issuance of Process Against Accused Outside Jurisdiction Amendment Act 2005 Sections 418 and 420 IPC Cheating

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Parties

National Bank of Oman

Complainant/petitioner

Barakara Abdul Aziz

Accused/respondent

Anr.

Co Accused/respondent

Procedural Posture

Criminal Appeal / Special Leave Petition (final Order)

Legal Issues

  1. 1 Whether the Chief Judicial Magistrate Ahmednagar was obliged to conduct an enquiry or direct investigation as contemplated under Section 202 CrPC before issuing process against an accused residing outside jurisdiction.
  2. 2 Whether the High Court correctly quashed the complaint for non-compliance of Section 202 CrPC.
  3. 3 Whether the Magistrate should be directed to pass fresh orders after complying with Section 202 CrPC.

Ratio Decidendi

It is incumbent upon the Magistrate to conduct an enquiry or direct an investigation under Section 202 CrPC before issuing process against an accused residing outside his jurisdiction. The CJM Ahmednagar failed in this duty; therefore, the High Court’s order setting aside the issuance of process was correct. However, instead of quashing, the matter should be remitted to the Magistrate for fresh orders complying with Section 202.

Court Disposition

Special Leave Petition disposed of; High Court's order upheld; complaint not quashed but remitted for fresh consideration under Section 202 CrPC.

Orders

  • Matter remitted to the Magistrate to pass fresh orders in accordance with Section 202 CrPC within two months from receipt of this order.
  • CJMs order dated 25.2.2011 issuing process under Sections 418 and 420 IPC set aside.