Mandatory enquiry u/s 202 of Code even if accused resided beyond territorial jurisdiction of Trial Court

Sheetal Amit Patil and Anr. Vs State of West Bengal (Calcutta High Court) Conclusion: As the law required that an enquiry be held under Section 202 of the Code if the accused stayed outside the Court’s jurisdiction, such enquiry had to be undertaken in clear terms and the Trial Court, after making such enquiry whether by taking evidence on affidavit or by restricting the enquiry to examination of documents or not, was required to decide whether there were sufficient grounds to issue process against the accused. Held: The question whether Section 202 of the Code was mandatory in respect of a ...