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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Mahajan
Amrita jain – Appellant
Versus
State of NCT, Delhi – Respondent
JUDGMENT :
Amit Mahajan, J.
1. The present petitions are filed challenging the common order dated 19.11.2024 (hereafter ‘impugned order’), passed by the learned Additional Sessions Judge (‘ASJ’), Central District, Tis Hazari Courts, Delhi, in Cr Rev Nos. 6042023 and 357/2024.
2. By the impugned order, the learned ASJ had dismissed the revision petitions filed by the petitioners and upheld the order dated 10.10.2023, in FIR No. 75/2019 (‘FIR’), registered at Police Station Rajinder Nagar, whereby the learned Metropolitan Magistrate had taken cognizance of the offences under Sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’) against the petitioners and their son, and issued summons to them.
3. The brief facts of the case are as follows:
3.1. On 18.05.2019, FIR was registered against the petitioners and their son for the offences under Sections 498A/406/34 of the IPC on a complaint made by Respondent No.2/ complainant. The petitioner Amrita is the mother-in-law of the complainant and the petitioner Pradip is the father-in-law of the complainant.
3.2. After investigation, on 25.02.2021, chargesheet was filed only against the son of the petitioners and the petitioners were placed in
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Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appearbefore ....
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
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