HARPREET SINGH BRAR
Tejinder Singh @ Tajinder Singh – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Harpreet Singh Brar, J.
The petitioner has approached this Court by filing present petition under Section 482 of the Code of Criminal Procedure seeking quashing of impugned order dated 06.06.2015 (Annexure P-2) passed by the learned Judicial Magistrate 1st Class, Gurgaon by which the complaint filed by the petitioner against respondent Nos.2 and 3 has been dismissed as well as the impugned order dated 24.10.2016 (Annexure P-3) passed by learned Additional Sessions Judge, Gurgaon vide which the revision petition against the aforesaid order has also been dismissed.
2. The facts, in brief, are that the petitioner filed a criminal complaint under Sections 147, 148, 149, 323, 325, 307 and 506 IPC against nine accused, including respondents No.2 and 3, in relation to an incident dated 03.05.2011 wherein the learned trial Court summoned six accused and dismissed the complaint against the rest vide impugned order dated 06.06.2015. Aggrieved by non-summoning of accused No.7 to 9 including respondent No.2 and 3 herein, the petitioner filed a revision petition, which was dismissed vide impugned order dated 24.10.2016 passed by the learned Additional Sessions Judge, Gurgaon. Aggrieve
The court affirmed that a Magistrate must ensure a prima facie case exists before summoning accused, emphasizing careful scrutiny of evidence at the initial stage.
At the stage of summoning, the Magistrate is not required to consider the defense version or evaluate the merits of the materials or evidence of the complainant.
The court established that the issuance of summons in criminal cases requires a thorough examination of the evidence and allegations, and that a mechanical approach by the magistrate is impermissible....
The main legal point established in the judgment is the necessity of recording reasons and application of mind by the Magistrate when passing a summoning order, especially when the Magistrate's view ....
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