Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court
9 months, 3 weeks ago

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court

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The Supreme Court held that once the Magistrate has called for the police report under Section 202 of the Code of Criminal Procedure, then the magistrate couldn't issue a summon unless the report is submitted by the policeReversing the decision of the High Court which had refused to quash the summons issued by the Magistrate, the Supreme Court Bench of Justices Abhay S. Oka and Ujjal. The Supreme Court held that once the Magistrate has called for the police report under Section 202 of the Code of Criminal Procedure, then the magistrate couldn't issue a summon unless the report is submitted by the police Reversing the decision of the High Court which had refused to quash the summons issued by the Magistrate, the Supreme Court Bench of Justices Abhay S. Oka and Ujjal Bhuyan observed that the Magistrate cannot issue process to the accused without application of mind and ought to have waited to issue process against the accused until the report was received from the police. The Supreme Court stated that the Magistrate cannot issue the summons until there is satisfaction that the material was sufficient to pass the summoning order “For issuing the order of summoning, the learned Magistrate could not have relied upon the same material which was before him on 15th December 2011 when he passed the order calling for the report under Section 202 of the Cr.PC. Therefore, in our view, the learned Magistrate was not justified in passing the order to issue a summons.” Background The aforesaid observations of the Supreme Court came while hearing out the criminal appeal preferred by the accused against the decision of the High Court which has refused to quash the summon issued by the magistrate.

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History of this topic

Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order
4 months, 1 week ago

Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order

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The Supreme Court today sought an explanation from the Chief Judicial Magistrate, Patiala House Court in Delhi for prima facie violating the Top Court's order. However, despite the Supreme Court suspending the proceedings, the CJM continued the proceedings, following which the police officers visited the house of the wife in Chandigarh for arrest. Taking a serious view of this, the …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

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The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court
4 months, 3 weeks ago

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court

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The Jammu and Kashmir and Ladakh High Court has recently underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation. Highlighting the responsibility of a Magistrate in such cases the court remarked, “It cannot be a casual or mechanical exercise, particularly in cases relating to defamation.The responsibility of …

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
7 months, 2 weeks ago

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court

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The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. states that “where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed …

Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]
7 months, 2 weeks ago

Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]

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S.252: Conviction on plea of guilty - If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion convict him thereon. it is open to the Magistrate to convict the accused if he appears to have committed another offence admitted to have been committed …

For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court
7 months, 3 weeks ago

For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court

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For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. For summoning of an accused, prima facie …

Process For IBC Offences To Be Issued By Sessions Court Despite Companies Act Amendment Vesting Jurisdiction On Judicial Magistrate: Supreme Court
8 months ago

Process For IBC Offences To Be Issued By Sessions Court Despite Companies Act Amendment Vesting Jurisdiction On Judicial Magistrate: Supreme Court

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Observing that the offences committed under the Insolvency and Bankruptcy Code, 2016 would be tried by the Special Court established under Section 435 of the Companies Act, 2013 and the sessions judge would have the power to issue process against the accused, the Supreme Court on Friday upheld the issuance of process by the sessions judge to the accused.The Court. …

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench
10 months, 2 weeks ago

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench

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The Bombay High Court's full bench observed that when a Magistrate is conducting a mandatory inquiry under Section 202 of the Criminal Procedure Code before summoning an accused who lives outside the court's jurisdiction, the Magistrate shouldn't solely rely on the allegations in the private complaint as it can be used as an instrument of vendetta. “It is… the duty …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
11 months, 1 week ago

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

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The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence alleged against the person-accused. While setting aside an order of a High Court which …

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
1 year, 4 months ago

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court

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The Supreme Court observed that a Magistrate CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427. The Supreme Court observed that a Magistrate CrPC) …

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court
1 year, 9 months ago

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court

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Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment today.In this case, the complainant filed eight complaints against the accused under Section 138 of the Negotiable Instruments Act. Where …

Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused : Supreme Court
1 year, 11 months ago

Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused : Supreme Court

Live Law  

The Supreme Court observed that a summoning order under Section 204 CrPC should not be passed lightly or as a matter of course. "When the violation of law alleged is clearly debatable and doubtful, either on account of paucity and lack of clarity of facts, or on application of law to the facts, the Magistrate must ensure clarification of the …

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court
2 years ago

Unexplained Inordinate Delay Can Be A Very Crucial Factor For Quashing A Criminal Complaint: Supreme Court

Live Law  

The Supreme Court observed that unexplained inordinate delay can be considered as a 'very crucial factor' for quashing a criminal complaint.The law, is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, the bench of Justices Krishna Murari and S. Ravindra Bhat observed.In this case, in the year …

Section 204 CrPC - Magistrate's Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court
2 years, 2 months ago

Section 204 CrPC - Magistrate's Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court

Live Law  

The Supreme Court observed that an order of issuance of process is liable to be set aside if no reasons are given while coming to the conclusion that there is a prima facie case against the accused.The court made this observation while setting aside a summoning order of a magistrate in a complaint filed under Drugs & Cosmetics Act, 1940. …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 3 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

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The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court
2 years, 3 months ago

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court

Live Law  

The Supreme Court reiterated that a criminal complaint has to be quashed if if no offence is made out by a careful reading of the complaint.When the complaint itself disclosed nothing more than a commercial relationship which broke, it is not possible to enlarge the scope of his complaint by merely adding the language used in the text of the …

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court
2 years, 8 months ago

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a court can summon a person under Section 319 of the Code Of Criminal Procedure, 1973, only on the basis of examination-in-chief of witness and the Court need not wait for the evidence of such witness to be tested by cross-examination.Here it may be noted that as per Section 319 of CrPC, in …

Bombay High Court Stays Summons Issued Against Salman Khan On Journalist's Complaint Till May 5
2 years, 8 months ago

Bombay High Court Stays Summons Issued Against Salman Khan On Journalist's Complaint Till May 5

Live Law  

The Bombay High Court on Monday granted interim relief to actor Salman Khan and stayed the summons issued by the Andheri metropolitan magistrate's court to him on a journalists' 2019 complaint alleging criminal intimidation, till May 5, 2022. Justice Revati Mohite Dere passed the order on a quashing petition filed by Khan challenging the Maigstrate's order issuing process and summoning …

Allahabad HC Quashes Summoning Order Against Dainik Jagran's Editor-In-Chief For An Alleged Defamatory News Item
2 years, 9 months ago

Allahabad HC Quashes Summoning Order Against Dainik Jagran's Editor-In-Chief For An Alleged Defamatory News Item

Live Law  

The Allahabad High Court today quashed a summoning order issued by a Court of the Magistrate against the Editor-In-Chief of the daily newspaper Dainik Jagran, Sanjay Gupta for publishing an alleged defamatory news item.The Bench of Justice Syed Aftab Husain Rizvi noted that in absence of specific allegations against the Chief Editor, the person holding the post can't be summoned.The …

Section 190 (1)(b) CrPC- Magistrate Can Summon Person Not Named In Police Report Or FIR If Materials Reveal Prima Facie His Involvement : Supreme Court
2 years, 9 months ago

Section 190 (1)(b) CrPC- Magistrate Can Summon Person Not Named In Police Report Or FIR If Materials Reveal Prima Facie His Involvement : Supreme Court

Live Law  

The Supreme Court observed that the Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 of the Code of Criminal Procedure, 1973 can issue summons to any person not arraigned as an accused in the police report or in the FIR. "If there are materials before the Magistrate showing complicity of …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
2 years, 9 months ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
2 years, 10 months ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
2 years, 10 months ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Summons Cannot Be Issued To An Accused U
2 years, 10 months ago

Summons Cannot Be Issued To An Accused U

Live Law  

The Calcutta High Court on Monday held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the …

No Appeal Lies U/S 96 & 100 CPC Against A Mere Finding/Observation When The Decree Has Not Gone Against Appellant: Orissa High Court
2 years, 10 months ago

No Appeal Lies U/S 96 & 100 CPC Against A Mere Finding/Observation When The Decree Has Not Gone Against Appellant: Orissa High Court

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The Orissa High Court has held that a party cannot file an appeal against a mere finding / observation of the Trial Court, when the decree has not in any way gone against such a party. 2 filed an appeal under Section 96, before the lower Appellate Court against an observation made in the judgment. Whether the Lower Appellate Court …

Section 138 NI Act - Summons To Directors Justified If Complaint Avers That They Were In Charge & Responsible For Conduct Of Business Of Company : Supreme Court
3 years, 2 months ago

Section 138 NI Act - Summons To Directors Justified If Complaint Avers That They Were In Charge & Responsible For Conduct Of Business Of Company : Supreme Court

Live Law  

The Supreme Court has reiterated that the summons issued by a Magistrate on a complaint under Section 138 of the Negotiable Instruments Act to the Directors of a Company is justified if the complaint contains the basic averment that they were in charge and responsible for the conduct of the business of the company.A bench comprising Justices Ajay Rastogi and …

ED Opposes TMC MP Abhishek Banerjee, His Wife's Plea Before Delhi HC Seeking Quashing Of Summons In Coal Scam Case
3 years, 2 months ago

ED Opposes TMC MP Abhishek Banerjee, His Wife's Plea Before Delhi HC Seeking Quashing Of Summons In Coal Scam Case

Live Law  

The Enforcement Directorate on Tuesday opposed the petition filed by All India Trinamool Congress MP Abhishek Banerjee and his wife before the Delhi High Court seeking quashing of summons issued to them by the agency in connection with West Bengal coal scam case.Justice Yogesh Khanna heard Solicitor General of India Tushar Mehta appearing for the Respondent, Enforcement Directorate in. The …

'Unaware Of Any Other Jurisprudence Where Summons Are Routed Through Postal Authorities': Gauhati HC On Practice Adopted In Arunachal Pradesh
3 years, 2 months ago

'Unaware Of Any Other Jurisprudence Where Summons Are Routed Through Postal Authorities': Gauhati HC On Practice Adopted In Arunachal Pradesh

Live Law  

Noting that summons in criminal cases in the state of Arunachal Pradesh is routed through the postal authorities, the Gauhati High Court observed that it was unaware of any such jurisprudence. In the report, it has been mentioned that summons is sent to the prosecution witnesses and accused through the concerned Officer In-charge of the Police Station and in turn …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 4 months ago

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court

Live Law  

The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in the complaint.Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 CrPC, the Supreme Court reiterated while setting aside a High Court judgment.In this. …

Court's Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court
3 years, 5 months ago

Court's Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court

Live Law  

Observing that the Court's powers to summon any person under section 311 of the CrPC cannot be used to tie loose ends in the prosecuting agency's case, the Bombay High Court has set aside a trial judge's order recalling a material witness for examination at the fag end of the trial. "No doubt, under Section 311 CrPC, any Court may, …

Right To Summon Document Has To Be Exercised When Trial Is In Progress And Not When Trial Is Completed: Supreme Court
3 years, 5 months ago

Right To Summon Document Has To Be Exercised When Trial Is In Progress And Not When Trial Is Completed: Supreme Court

Live Law  

The right to summon document has to be exercised when the trial is in progress and not when the trial is completed, the Supreme Court observed.The court observed thus while allowing an appeal filed against a judgment of the Telengana High Court. The right to summon document has to be exercised when the trial is in progress and not when …

Section 138 NI Act - Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: Supreme Court
3 years, 8 months ago

Section 138 NI Act - Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: Supreme Court

Live Law  

A Constitution Bench of the Supreme Court has directed that Magistrates have to record reasons before converting trial of complaints under Section 138 of Negotiable Instruments Act from summary trial to summons trial in exercise of power under the second proviso to Section 143 of the Act. "The High Courts are requested to issue practice directions to the Magistrates to …

Punjab And Haryana High Court Rejects AAP MP Sanjay Singh's Plea To Quash Defamation Case Filed By Bikramjit Singh Majithia
4 years ago

Punjab And Haryana High Court Rejects AAP MP Sanjay Singh's Plea To Quash Defamation Case Filed By Bikramjit Singh Majithia

Live Law  

The Punjab and Haryana High Court on Thursday dismissed the plea filed by senior Aam Aaadmi Party leader and Rajya Sabha MP Sanjay Singh seeking to quash the case proceedings and summoning order passed by Ludhiana Magistrate Court against him in the defamation case filed by Shiromani Akali Dal leader Bikramjit Singh Majithia. Thereafter, Sanjay Singh filed an application before …

Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court
4 years, 1 month ago

Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court

Live Law  

The Delhi High Court on Wednesday made it clear that a common order for summoning Respondents, in different cases filed by a common Petitioner, cannot be passed when the Respondent parties are unrelated. The order was quashed on two counts: The parties so summoned, were unrelated; in one of the cases, the offence alleged against the accused related to dishonour …

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