IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Mark Reidy, S/o Mr. Patrick Joseph Reidy – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate Writ(s)/ Order(s)/direction(s) or a Writ in the nature of certiorari for setting aside/quashing the summons dated 14.07.2022 issued by the learned Chief Judicial Magistrate, Ranchi in Complaint Case No.190 of 2021 as the same has been issued without any authority or force of law and the same is not in accordance with Mutual Legal Assistance Treaty between India and Switzerland (MLAT) as the summons are laden with multiple discrepancies in critical details. Further prayer has also been made for quashing the order dated 13.01.2023 by which the learned Chief Judicial Magistrate, Ranchi issued non- bailable warrant of arrest against the writ petitioner and for issuance of Writ(s)/Order(s)/Direction(s) or a Writ in the nature of mandamus directing the Investigating Officer to strictly act in accordance with law and MLAT Procedure established and consequential reliefs.
3. The brief fact of the case is that Ormanjhi P.S. Case No.190 of 2021 was registered on the basis of the written report submitted by one
The Investigating Agency must obtain concurrence from the Central Authority under Section 105(B)(2) of the Code of Criminal Procedure before issuing summons in accordance with the Mutual Legal Assist....
An inquiry under Section 202 of the CrPC is mandatory before issuing summons to an accused residing outside the Magistrate's jurisdiction in cases under Section 138 of the NI Act.
The Magistrate must conduct an inquiry under Section 202 of Cr.P.C. before issuing summons if the accused resides outside its jurisdiction, as this is mandatory to prevent harassment through false co....
The Enforcement Directorate can issue summons for further investigation under the PMLA Act without prior permission from the Special Court, and this does not violate the accused's rights under Articl....
The court affirmed that disobeying summons is a serious offense under IPC, and the evaluation of merits occurs at trial, not at the cognizance stage.
The amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.