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

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

Live Law  

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 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. The Court clarified that for summoning the accused, a prima facie case made out from the allegations of the complaint is sufficient to order the issuance of summons. For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant.” The Judgment authored by Justice Rajesh Bindal observed that while quashing the summons to the respondents, the sessions court shouldn't have entered into the appreciation of evidence as if it was deciding the acquittal or conviction of the respondents.

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History of this topic

Supreme Court quashes chargesheet against former Army officer in rape case
1 month ago

Supreme Court quashes chargesheet against former Army officer in rape case

The Hindu  

The Supreme Court on Tuesday quashed a chargesheet against a former Army officer in an alleged rape case saying it was an "abuse of process of law". Mr. Dubey said seven FIRs against nine different people, including the petitioner, at seven different police stations, were registered at her instance in the last eight years. "Petitioner is a 63-year-old decorated officer …

Magistrate's Summoning Order Must Reflect Reasons : Supreme Court Reiterates
1 month, 3 weeks ago

Magistrate's Summoning Order Must Reflect Reasons : Supreme Court Reiterates

Live Law  

The Supreme Court today quashed a non-speaking summoning order issued by a Judicial Magistrate against a drug manufacturer, reiterating that a summoning order cannot be issued without recording valid reasons. The bench comprising Justice BR Gavai and AG Masih was hearing the appeal filed by drug manufacturers assailing the correctness of the Andhra Pradesh High Court's. The bench comprising Justice …

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations
2 months ago

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The High Court passed an interim order in a second appeal without framing a substantial question of law. c. The High Court erred by passing an interim order without framing a substantial question of law, violating Section 100, which bars second appeals without such a question d. Both and Answer: Option Case Title: U. SUDHEERA & OTHERS VERSUS C. YASHODA …

Trial court can summon accused despite police clean chit, says Supreme Court
2 months, 2 weeks ago

Trial court can summon accused despite police clean chit, says Supreme Court

Hindustan Times  

New Delhi A clean chit or closure report filed by the police cannot circumscribe the trial court’s power to summon individuals as accused, the Supreme Court has held, reinforcing the vital role of courts in safeguarding justice by independently assessing evidence presented during criminal trials. Trial court can summon accused despite police clean chit, says Supreme Court “The trial court …

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court
4 months ago

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court

Live Law  

The Supreme Court recently observed that expressions like "prima facie case" or "conduct" alone are insufficient to justify the appointment of a Court Receiver. The Court emphasized that a compelling reason must be provided, demonstrating how the property would deteriorate without the Receiver's intervention.The appellant contested the High Court's decision to appoint a court receiver for. The bench comprising Justice …

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

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

Live Law  

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
10 months, 3 weeks ago

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

Live Law  

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 …

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

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

Live Law  

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 …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
1 year, 2 months ago

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

Live Law  

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 …

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
2 years, 6 months ago

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

Live Law  

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out.The threshold of scrutiny required to adjudicate an application under Section 227 Cr.P.C. The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out …

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court
2 years, 11 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 …

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates
3 years ago

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates

Live Law  

The Uttarakhand High Court has reiterated that a more than prima facie case is needed to be presented to summon a person under Section 319 of the Code of Criminal Procedure. While dismissing a revision against the trial Court order of such summon, a Single Judge Bench of Justice Narayan Singh Dhanik observed, "Therefore, it is amply clear that in …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 7 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, 8 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, 8 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, 11 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 …

'Frequent & Causal Summoning Of High Officials By Court Cannot Be Appreciated': Supreme Court
3 years, 11 months ago

'Frequent & Causal Summoning Of High Officials By Court Cannot Be Appreciated': Supreme Court

Live Law  

"The frequent, causal and lackadaisical summoning of high officials by the Court cannot be appreciated," the Supreme Court observed on Wednesday in a SLP filed by the UP Government against a summoning order passed by the Allahabad High Court in a contempt case. The remarks were made by a Division Bench comprising of Justices Sanjay Kishan Kaul and Hemant Gupta …

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court
4 years ago

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court

Live Law  

An accused can be summoned under Section 319 of the Code of Criminal Procedure on the basis of even examination ­in ­chief of the witness and the Court need not wait till his cross­ examination, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the …

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

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]
5 years, 4 months ago

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused. It said, "Learned Magistrate was required to atleast mention in the order about the prima facie satisfaction for summoning the accused. These words suggest that the Magistrate has to apply his …

Delhi court directs Atishi to present pre- summoning evidence against Gambhir
5 years, 10 months ago

Delhi court directs Atishi to present pre- summoning evidence against Gambhir

Live Mint  

A Delhi court on Monday court directed Aam Aadmi Party leader Atishi Marlena to record pre-summoning evidence before it in the two voter ID case against Gautam Gambhir. Taking cognizance of the complaint, metropolitan magistrate Viplav Dabas ordered pre-summoning of evidences and records of the complainant Marlena. In the last hearing, the court had reserved its order on the maintainability …

SC Quashes Allahabad High Court’s Summons To U.P.Chief Secretary, And Expunges Its Adverse Remarks Against The State’s Advocate General [Read Order]
7 years, 6 months ago

SC Quashes Allahabad High Court’s Summons To U.P.Chief Secretary, And Expunges Its Adverse Remarks Against The State’s Advocate General [Read Order]

Live Law  

The Supreme Court bench of Justices Arun Mishra and Mohan M.Shantanagoudar, on September 8, protected the Uttar Pradesh Advocate General, Raghavendra Singh, whose failure to appear before the Allahabad High Court, despite repeated calls to him on July 28, forced the High Court to summon the state Chief Secretary, to express its displeasure.The High Court bench of Justices Ramesh Sinha …

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]
7 years, 10 months ago

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

Live Law  

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of …

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]
7 years, 10 months ago

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

Live Law  

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of …

FIR Can Be Quashed In Part If No Cognizable Offence Is Made Out Against Accused: SC [Read Order]
7 years, 11 months ago

FIR Can Be Quashed In Part If No Cognizable Offence Is Made Out Against Accused: SC [Read Order]

Live Law  

They cannot be allowed to suffer on the basis of the complaint, only on the ground that the investigation against co-accused is still pending, the bench observed.The Supreme Court, in a brief order, has observed that an FIR can be quashed in part against some accused against whom no cognizable offence is made out.The apex court bench comprising Justice Pinaki …

Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off Place: SC [Read Judgment]
8 years, 3 months ago

Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off Place: SC [Read Judgment]

Live Law  

The requirement of conducting an inquiry or directing investigation before issuing process is, therefore, not an empty formality, the court said.The Supreme Court in Abhijit Pawar vs. Hemant Madhukar Nimbalkar, has emphasised that in cases where the accused is residing at a place beyond the area in which the magistrate exercises his jurisdiction, it is mandatory on the part of …

Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off Place: SC [Read Judgment]
8 years, 3 months ago

Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off Place: SC [Read Judgment]

Live Law  

The requirement of conducting an inquiry or directing investigation before issuing process is, therefore, not an empty formality, the court said.The Supreme Court in Abhijit Pawar vs. Hemant Madhukar Nimbalkar, has emphasised that in cases where the accused is residing at a place beyond the area in which the magistrate exercises his jurisdiction, it is mandatory on the part of …

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