Code of Criminal Procedure, 1973–Secs. 202–Applicability–Any Magistrate on receipt of the complaint of an offence in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction shall postpone the issue of process against the accused, and either enquire into the case himself or direct an investigation to be made by a police officer–In the instant case, Trial Magistrate has taken cognizance on the basis of police report and not on the complaint made to him–Thus, the provisions of Chapter XV do not apply to the present case–Plea of petitioners that the Magistrate erred is not conducting inquiry u/s. 202, in not tenable.
