The question that emerges for consideration is whether the learned Magistrate, while entertaining a complaint under Section 200 and taking cognizance under Section 204 of the Code of Criminal Procedure.

RASHEED KHAN

Vs.

THE STATE OF UTTAR PRADESH & ANR.

The question that emerges for consideration is whether the learned Magistrate, while entertaining a complaint under Section 200 and taking cognizance under Section 204 of the Code of Criminal Procedure, is obliged to record his satisfaction.

In paragraph 53 of the decision of this Court by a three-Judge Bench in Sunil Bharti Mittal v. Central Bureau of Investigation (2015) 4 SCC 609 It has been held thus :

“53. However, the words ‘sufficient ground for proceeding’ appearing in Section 204 are of immense importance. It is these words which amply suggest that an opinion is to be formed only after due application of mind that there is sufficient basis for the proceeding against the said accused and formation of such an opinion is to be stated in the order itself. The order is liable to be set aside if no reason is given therein while coming to the conclusion that there is prima facie case against the accused, though the order need not contain detailed reasons. A fortiori, the order would be bad in law if the reason given turns out to be ex facie incorrect.”

M/s. Pepsi Foods Ltd. & Anr.

Vs.

Special Judicial Magistrate & Ors.

Para Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. Ha has to examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. Magistrate has to carefully scrutinize the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused.

RASHEED KHAN

Vs.

THE STATE OF UTTAR PRADESH & ANR.

The question that emerges for consideration is whether the learned Magistrate, while entertaining a complaint under Section 200 and taking cognizance under Section 204 of the Code of Criminal Procedure, is obliged to record his satisfaction.

In paragraph 53 of the decision of this Court by a three-Judge Bench in Sunil Bharti Mittal v. Central Bureau of Investigation (2015) 4 SCC 609 It has been held thus :

“53. However, the words ‘sufficient ground for proceeding’ appearing in Section 204 are of immense importance. It is these words which amply suggest that an opinion is to be formed only after due application of mind that there is sufficient basis for the proceeding against the said accused and formation of such an opinion is to be stated in the order itself. The order is liable to be set aside if no reason is given therein while coming to the conclusion that there is prima facie case against the accused, though the order need not contain detailed reasons. A fortiori, the order would be bad in law if the reason given turns out to be ex facie incorrect.”

M/s. Pepsi Foods Ltd. & Anr.

Vs.

Special Judicial Magistrate & Ors.

Para Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. Ha has to examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. Magistrate has to carefully scrutinize the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused.

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