Taking of Cognizance-- Inquiry -- Complaints By Public Servant Exempt from Mandatory Inquiry Under Section 202 of CrPC Before Issuance of Summons
Inquiry under Section 202 of the CrPC (Section 225, BNSS) before issuing summons to an accused residing outside territorial jurisdiction is mandatory only for private complaints. Where a complaint is filed by a public servant acting in discharge of official duty, such inquiry is not mandatory. Section 202 must be construed harmoniously with Section 200, whose proviso exempts public servant complaints from preliminary examination of complainant and witnesses. The legislature places public servants on a distinct footing, and insisting on a Section 202 inquiry in such cases renders the statutory scheme meaningless.
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