Question

If it appears to the Magistrate that the offence complained of is triable exclusively by the Sessions Court, he, under Sec 202 of the Code of Criminal Procedure, 1973, postponing the issue of process against the accused

If it appears to the Magistrate that the offence complained of is triable exclusively by the Sessions Court, he, under Sec 202 of the Code of Criminal Procedure, 1973, postponing the issue of process against the accused

.

Option A: Shall commit the case to Sessions Court
Option B: May direct an investigation to be made by a police officer
Option C: Shall call upon the complainant to produce all his witnesses and examine them on oath
Option D: Shall return the complain for presentation before the Sessions court

Correct Answer

Option: c

Explanation

Proviso of Section 202(2) Cr. P.C. It says that In an inquiry under Sub-Section (1), the Magistrate may, if he thinks fit, take evidence of witness on oath, Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall 189 upon the complainant to produce all his witnesses call examine them on oath.

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