Supreme Court of India

Abhijit Pawar v. Hemant Madhukar Nimbalkar & Anr.

Neutral citation

Reported as [2016] 9 S.C.R. 475

Bench A.K. Sikri and Abhay Manohar Sapre JJ.

Decided 14 December 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, Criminal Appeal arising out ofSLP (Cr!) No. 9318 of2012 is allowed thereby quashing the notice dated 24th November, 2009 in respect of A-I with direction to the learned Magistrate B to take up the matter afresh qua A- I and pass necessary orders as are permissible in law, after following the procedure contained in Section 202, Cr.P.C.

Judgment, page 20

From the headnote

Code of Criminal Procedure, 1973: s.202 - Persons residing at a place beyond the area in which the Magistrate exercises his iurisdiction - Issuance of summons - Held: The procedure stipulated in s.202 is mandatory which imposes an obligation on the Magistrate to ensure that before summoning an accused, who resides beyond his jurisdiction, the Magistrate shall make necessary inquiries into the case himself or direct investigation - Jn the instant case, complainant was aggrieved with the news published in a newspaper and filed complaint against the accused persons who were described as Printer

Authorities it was built on

2008 Hemani Malhotra v. High Court of Delhi cited by 23
2015 Mehmood Ul Rehman v. Khazir Mohammad Tunda and Ors. cited by 11
2014 Vijay Dhanuka Etc. v. Najima Mamtaj Etc. cited by 7
2012 National Bank of Oman v. Barakara Abdul Aziz & Anr. cited by 7
2002 K.M. Mathew Etc. v. K.A. Abraham and Ors. Etc. cited by 5
2000 Rosy and Anr. v. State of Kerala and Ors. cited by 1

Where later benches applied it

2025 Jaideep Bose v. M/s Bid and Hammer Auctioneers Private Limited referred to
2021 Sunil Todi & Ors. v. State of Gujarat & Anr. referred to
2021 In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 v.. referred to
2019 Google India Private Limited v. M/s. Visakha Industries referred to
2019 Birla Corporation Limited v. Adventz Investments and Holdings Limited & Others referred to

Of those, 5 referred to

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