Case Law Analysis
|Allahabad High Court
Section 202(1) CrPC | Mandatory Inquiry Before Summoning Non-Resident Accused Must Be Completed: Allahabad HC Quashes Defective Process
Allahabad HC ruled that summoning orders issued without completing the mandatory inquiry under Section 202(1) CrPC-especially for non-resident accused-are illegal. The court quashed summoning orders where the Magistrate failed to examine witnesses or await the inquiry report, reinforcing procedural compliance as a safeguard against arbitrary process.