SC on what is to be considered during inquiry under section 202 CrPC

The Hon’ble Supreme Court, on 31st January 2020, in the matter of Govind Prasad Kejriwal v. State of Bihar & Anr. observed that even while conducting/holding an inquiry under Section 202 Cr.P.C., the Magistrate is required to consider whether the dispute is purely of a civil nature or not and/or whether the civil dispute is tried to be given a colour of criminal dispute or not.

The Hon’ble Supreme Court observed that:

While holding the inquiry under Section 202 Cr.P.C. the Magistrate is required to take a broad view and a prima facie case. (Para 6)

However, even while conducting/holding an inquiry under Section 202 Cr.P.C., the Magistrate is required to consider whether even a prima facie case is made out or not and whether the criminal proceedings initiated are an abuse of process of law or the Court or not and/or whether the dispute is purely of a civil nature or not and/or whether the civil dispute is tried to be given a colour of criminal dispute or not. (Para 6)

Copy of judgement: Judgement_31-Jan-2020

-Adv. Tushar Kaushik

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