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Shiv Jatia vs. Gian Chand Malick & Ors. (SC)

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Code of Criminal Procedure, 1973–Sec. 202–Order of summoning–Justification–Earlier, the Magistrate had passed the order calling the report u/s. 202–He ought to have waited until the report was received–He could not have relied upon the material which was available to him at the stage of calling the report–Held, Magistrate was not justified in passing the order of summoning in the absence of police report.