Postponement of issue of process
AI Assist
Summary
A Magistrate can postpone issuing process and either hold an inquiry or order an investigation (by police or another person) to decide if there is sufficient ground to proceed, often when the accused lives outside his area. He cannot direct such an investigation if the offence is triable exclusively by the Sessions Court, or when the complaint was not made by a Court unless the complainant and present witnesses were examined on oath. The Magistrate may take witness evidence on oath; a person not a police officer has all police‑station powers for that inquiry except the power to arrest without warrant.
Example
Priya files a complaint before a Magistrate saying Rohan stole goods but Rohan lives in another district. The Magistrate postpones issuing process and directs the local police to investigate whether there is enough evidence to proceed. If the police find no sufficient ground, the Magistrate may refuse to issue process.
Bare Act
Enacted text(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit and shall in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made-
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(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions; or
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(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
(2) In an inquiry under Sub-Section (1), the Magistrate may, if he thinks fit, take evidence of witness on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under Sub-Section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.
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