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AJOY KUMAR MUKHERJEE
Rupayan Bhattacharya – Appellant
Versus
State of West Bengal – Respondent
Key Points: - The court discusses whether verification on oath or an affidavit can satisfy Section 200 CrPC examination of the complainant and witnesses, or whether sworn examination is mandatory. (!) (!) (!) (!) - It holds that the examination of the complainant and witnesses on oath, with substance recorded in writing and signed by the parties and the Magistrate, is mandatory under Section 200 CrPC, and an affidavit cannot substitute sworn statements. (!) (!) (!) (!) (!) (!) (!) - The judgment emphasizes that failure to conduct oath-based examination is a non-observance of a mandatory provision and cannot be cured under Chapter XXXV; it can render proceedings illegal and may require remand for proper sworn examination. (!) (!) (!) (!) - Summoning of an accused is a serious matter requiring the Magistrate to apply mind to the facts and evidence; mere affidavits cannot replace the required examination. (!) (!) (!) - The court directs remittance to the Magistrate for recording sworn statements and allows fresh examination if materials support proceeding, without expressing opinions on merits. (!)
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Since issue involved in all the three cases are same, the aforesaid three revisional applications are disposed of by this common order.
2. Being aggrieved and dissatisfied with the order dated 6th July, 2019 and 19th August, 2019 passed by learned Judicial Magistrate, 1st Court, Sealdah in case no. C-208 of 2019, the present application under Section 482 of the Code of Criminal Procedure has been preferred.
3. The petitioner contended that the opposite party herein filed a complaint before the Magistrate concerned alleging the commission of offence punishable under Section 499/500/501/502/120B of the Indian Penal Code against the accused persons including the petitioners of the respective cases, inter-alia on the allegations to the effect that accused persons with malicious dubious malevolent and spiteful determination, bearing clear mens rea, published libellous news attacking opposite party no. 2 in their newspaper. The learned Additional Chief Judicial Magistrate (hereinafter called as ACJM) vide order dated 6th July, 2019 was pleased to take cognizance of the offence and fixed the next date on 12th July, 2019 for service return and appearance.
Affidavits can be accepted as evidence in proceedings under Section 138 of the Negotiable Instruments Act, and a Magistrate is not required to provide detailed reasons when issuing process against an....
The examination of the complainant on oath as per Section 200 Cr.P.C. is necessary, and failure to comply with this statutory direction would vitiate the further proceedings taken by the Magistrate.
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
The Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
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