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The document discusses a judicial magistrate recording a statement and reviewing investigation records in a criminal case. It discusses the magistrate finding a prima facie case and issuing summons against some accused. It discusses the Sessions Court upholding some summons and setting aside others. It discusses appeals of these orders. It discusses the High Court dismissing some appeals and allowing a misc petition regarding the summons order.

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19 views

Legal

The document discusses a judicial magistrate recording a statement and reviewing investigation records in a criminal case. It discusses the magistrate finding a prima facie case and issuing summons against some accused. It discusses the Sessions Court upholding some summons and setting aside others. It discusses appeals of these orders. It discusses the High Court dismissing some appeals and allowing a misc petition regarding the summons order.

Uploaded by

challengerashu36
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Manu

The learned judicial magistrate recorded the statement of the appellant and also called for record of CID investigation in the matter of FIR no.
73/2002 for the purpose of perusal and evaluation on receipt of the record the learned judicial magistrate passed a speaking order on 2.5.2011
whereby he issued summons against accused nos. 1 to 9 after finding a prima facie case on the basis of complaint petition. Statement of
complainant as well as records of CID investigation on which the complaint had placed reliance accused nos. 1 to 8 preferred one set of criminal
revision and accused no. 9 preferred a another criminal revision before the Sessions court At Raipur by two separate order passed on same date
i.e. 30.11.2011. the sessions Court upheld the summoning order in respect of accused nos. 1 to 5 but seaside the same in respect of all accused
nos. 6 to 8 and accused no. 9 against these two orders the appellant preferred criminal revision whereas accused no.s 1 to 5 also preferred a
criminal misc. petition bearing no. 45/2012 before the High Court. The High court by any judgment and order dated 7.8.2012 which is under
appeal dismissed both the criminal revision petitioners preferred by the appellant against the grant of relief to accused nos. 6 to 9 and allowed
misc. petition of accused nos. 1 to 5 by setting aside the summoning order of the magistrate and directing the appellant to appear before the
court of judicial magistrate for adducing further evidence if any to support her in the complaint peition. The High Court thus remitted back the
various observations requiring the appellant alleged document which could prove forgery and also to send the same to expert for examination of
the document and signature of the complaint/appellant.

Having considered the details of allegations made in the complainant petition. The statement of the complainant on solemn affirmation as well
as materials on which the appellant against place reliance which were called for by the Learned Magistrate the learned magistrate in our consider
opinion committed not error in summoning the accused persons at the state on cognizance and summoning the accused the magistrate is required
to as apply his judicial mind only with a view to take continence of the offence or in other words to find out whether prima facie case has been
made our for summoning the accused person. At this state the learned magistrate is not required to consider the defence version or materials or
documents in our he is required to the merits all the materials or findings of the complaint accused the magistrate must not under take the
exercise to find out at this state whether the materials will lead the conviction of the complaint accused It is also well settled as that cognizance
is taken of the offence and not the offender. Hence at the stage of framing of charge an independent accused may seek discharge if he/ she can
show that the materials are absolutely insufficient for framing of charge against that particular accused.

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