Private complaints: Adopt halt and proceed approach, says HC

The High Court of Karnataka has directed that the trial courts must adopt what could be conveniently called “halt and proceed” approach before issuing summons to the persons named as accused in private complaints when such persons reside outside the territorial jurisdiction of the particular trial court. Referring to the provisions of Section 202 of Code of Criminal Procedure (Cr. PC), which specifically mandates the trial courts to postpone issue of process/summons to enable the trial judge to inquire himself or order investigation into the complaint when the persons named as accused are residing outside its territorial jurisdiction, the High Court said the trial courts “cannot treat this onerous obligation like a mere ritual or an empty formality”.