Please suggest corrections.
Summon cases can be understood from the definition of the warrant case which is defined under section 2(x) which states that offenses which are punishable with death, imprisonment for life, and imprisonment for the terms exceeding two years are called warrant cases. Magistrate may dispense with personal attendance of accused; CrPC Section 206.
(3) If a person not being a police officer makes an investigation under section 202(1), except the power to arrest without warrant, he shall have all the powers granted by this Code on an investigating officer of a police station for that investigation.The primary motive of an investigation is to authorize the Magistrate to conclude whether the process needs to be issued or not, and so that the doubts and hesitation can be removed which he might have felt upon the bare study of the complaint and the contemplation of the complainant’s evidence on oath.The primary motive of an investigation provided under Section 202 of the Code is to help and aid the Magistrate in finishing the proceedings already instituted upon a complaint before him and not to initiate a fresh case on police report. 7
29 It was also held that after the Magistrate has exercised this discretion, it is not for the Hon’ble High Court, or even the Hon’ble Supreme Court, to replace its own judiciousness for that of the Magistrate or even to probe the case on merits in order to dig out whether the accusations made in the complaint, if established, would ultimately lead in the conviction of the accused.Nupur Talwar vs. C.B.I. After taking notice of an offence on the basis of a police report and after the appearance of the accused, then the judicial Magistrate cannot order a new investigation by the police under Section 202, an inquiry by the Magistrate is not in the form of a trial as, in law, there can be merely one trial in respect of any offence which can be started only after a process is issued against the accused.
General Principles.
6 Issuing process refers to the initial phase of the prosecution where the charges are laid before a judicial officer and the accused is notified of the existence of the charges. The Magistrate can issue Summons or warrant, as he thinks fit, to the accused so that the accused be brought up and made answerable to the court. Provisions relating to the issue of process.
11 If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground …
The youngest of the “baby boomer” generation, people born in 1964, are now solidly into their mid-50s, so retirement is weighing heavily on their minds. 26 U/s 204 of the code, issuing process need not be reasoned and therefore the absence of reasons does not vitiate order.Summon is a document, when served, instructs a person to appear before the court and to answer the complaint made against him.
7 14 6 | Powered by , currently pursuing B.A.LLB (Hons) from the Department of Law, Aligarh Muslim University. Help us improve! If he feels that there is adequate ground to proceed against the accused, he shall issue the process. (1976) 3 SCC 736, the Apex Court held that in order to decide if a process should be issued or not, the Magistrate can take into cognizance unlikelihood appearing in the complaint or in the evidence which is led by the complainant to defend his allegations.
There is no mandatory provision for the Magistrate to write the detailed reason for issuing the process.
5 For issuing of process, the only condition necessary is that the deposition made by the complainant must have some considerable and sufficient ground in order to proceed in the matter. (1) Any Magistrate, on receipt of a complaint of an offence which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, Provided that no such direction for investigation shall be made, –(a) Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions or(b) Where the complaint has not been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
However, if complaints are preferred by two counter-complainants before a Magistrate, the process can be issued validly in one case by him, and the issue of a process can be postponed in the other one until the first case is disposed of.of the Code of Criminal Procedure, 1973 which are related to the postponement of issue of process for further scrutiny of the complaint are given as follows: , or, on receiving a complaint of an offense of which he is competent to take cognizance, such magistrate may, if he thinks fit, (and shall in those cases in which residents of the accused is beyond the area of his jurisdiction) postpone the issue of process and either probe into the case himself or order the police officer to make an investigation or to any other person as he thinks fit, to determine whether or not there is reasonable ground for proceedings: (a) where it becomes apparent to the Magistrate that the offence complained can be tried exclusively by the Sessions Court, or(b) where the complaint is not made by a Court unless the witnesses and the complainant present have been examined on oath as provided under (2) The Magistrate may, if he feels the necessity, take the testimony of witnesses in an inquiry under section 202(1): only if it becomes apparent to the Magistrate that the offence complained can be tried exclusively by the sessions court, he shall summon the complainant to present all his witnesses and probe them on oath.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. 204 CrPC: Issue of process # Commencement of proceedings before magistrates - Duration: 7:05.
You can click on this link and join: As the case appears before him, he issues his summon or warrant.
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