Criminal Procedure Code Sec. 204

Criminal Procedure Code Sec. 204

State of Gujarat

Vs.

AFROZ MOHAMMED HASANFATTA

Para 12: We have carefully considered the contentions and perused the impugned judgment and materials on record, the following points arise for consideration:-

While directing issuance of process to the accused in case of taking cognizance of an offence based upon a police report under section 190(1)(b) Criminal Procedure Code, whether it is mandatory for the court to record reasons for its satisfaction that there are sufficient grounds for proceeding against the accused?

In exercise of revisional jurisdiction under Section 397 Criminal Procedure Code, whether the learned Single Judge was right in setting aside the order of the Magistrate issuing summons to the respondent accused?

While taking cognizance of an offence under section 190(1)(b) Criminal Procedure Code, whether the court has to record reasons for its satisfaction of sufficient grounds for issuance of summons?

Para 21: In summoning the accused, it is not necessary for the Magistrate to examine the merits and demerits of the case and whether the materials collected is adequate for supporting the conviction. The court is not required to evaluate the evidence and its merits. The standard to be adopted for summoning the accused under Section 204 of Criminal Procedure Code is not the same at the time of framing the charge. For issuance of summons under Section 204 of Criminal Procedure Code, the expression used is “there is sufficient ground for proceeding……”, whereas for framing the charges, the expression used in Sections 240 and 246 of Indian Penal Code is “there is ground for presuming that the accused has committed an offence….”. At the stage of taking cognizance of an offence based upon a police report and for issuance of summons under Section 204 of Criminal Procedure Code, detailed inquiry regarding the merits and demerits of the case are not required. The fact that after investigation of the case, the police has filed charge sheet along with the materials thereon may be considered as sufficient ground for proceeding for issuance of summons under Section 204 of Criminal Procedure Code.

Para 22: In so far as taking cognizance based on the police report, the Magistrate has the advantage of the charge sheet, stamen of witnesses and other evidence collected by the police during the investigation. Investigating Officer/SHO collects the necessary evidence during the investigation conducted in compliance with the provisions of the Criminal Procedure Code and in accordance with the rules of investigation.

 

 

 

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