Published on: December 30, 2023 at 20:24 IST
Court: Supreme Court of India
Citation: Adalat Prasad V. Rooplal Jindal (2004)
Honourable Supreme Court of India has held that issuance of the process under the aegis Section 204 of the Code of Criminal Procedure, 1973 by the Magistrate takes cognizance of an offence can be challenged by invoking the jurisdiction of the High Court under the provision of Section 482 of the Code of Criminal Procedure, 1973. It is however held that Order under Section 204 of the Code of Criminal Procedure, 1973 is also subject to Revision with a limited scope.
14. But after taking cognizance of the complaint and examining the complainant and the witnesses if he is satisfied that there is sufficient ground to proceed with the complaint he can issue process by way of summons under Section 204 of the Code. Therefore, what is necessary or a condition precedent for issuing process under Section 204 is the satisfaction of the Magistrate either by examination of the complainant and the witnesses or by the inquiry contemplated under Section 202 that there is sufficient ground for proceeding with the complaint hence issue the process under Section 204 of the Code. In none of these stages the Code has provided for hearing the summoned accused, for obvious reasons because this is only a preliminary stage and the stage of hearing of the accused would only arise at a subsequent stage provided for in the latter provision in the Code.
It is true as held by this Court in Mathew case that before issuance of summons the Magistrate should be satisfied that there is sufficient ground for proceeding with the complaint but that satisfaction is to be arrived at by the inquiry conducted by him as contemplated under Sections 200 and 202, and the only stage of dismissal of the complaint arises under Section 203 of the Code at which stage the accused has no role to play, therefore, the question of the accused on receipt of summons approaching the court and making an application for dismissal of the complaint under Section 203 of the Code on a reconsideration of the material available on record is impermissible because by then Section 203 is already over and the Magistrate has proceeded further to Section 204 stage.
Drafted By Abhijit Mishra