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2009 Supreme(All) 2065

VIJAY KUMAR VERMA
Jag Narain – Appellant
Versus
State of U. P. – Respondent


Advocates appeared
S.K. Dubey, for Appellants; Rakesh Kumar Dubey, Rajiv Gupta, Preetam Yadav, Dan Bahadur Yadav, Ganga Prasad, A.G.A., for Respondents.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. Maintainability of Revision Against Summoning Order:
  2. The court established that a revision against a summoning order is legally permissible. This is a significant legal point clarified in the judgment (!) (!) .

  3. Stage of Passing Orders Under Sections 203 or 204 Cr.P.C.:

  4. At this stage, the court's assessment is limited to a prima facie case. The evidence presented is not required to be sufficient for conviction, but only enough to justify proceeding further (!) (!) .

  5. Nature of the Summoning Order:

  6. An order issuing process for summoning the accused is not considered an interlocutory order, and therefore, a revision against it is not barred by the relevant subsection of the criminal procedure code (!) (!) .

  7. Evidence and Legal Principles at the Summoning Stage:

  8. The evidence examined by the court, including statements under Sections 200 and 202 Cr.P.C. and supporting documents, was deemed sufficient to justify summoning the accused for trial (!) (!) .

  9. Scope of Judicial Review:

  10. The court emphasized that at the stage of issuing process, the court's role is limited to assessing whether there are sufficient grounds to proceed, not whether the evidence is conclusive for conviction (!) (!) .

  11. Limitations of Judicial Intervention:

  12. The court highlighted that judicial review should not involve a detailed analysis of the credibility of evidence or a full-fledged appraisal of the case's merits at the summoning stage. The primary concern is whether the allegations constitute an offence and whether there is a prima facie case (!) (!) .

  13. Authority and Precedent:

  14. The judgment clarifies that the earlier case law cited by the parties does not preclude the maintainability of revision against a summoning order, especially when the order is not an interlocutory one (!) .

  15. Final Decision:

  16. The court dismissed the revision petition, confirming that the summoning order was legally passed and that the revision was not maintainable. Consequently, the stay order issued earlier was vacated (!) .

  17. Principles on Legal Precedents:

  18. The judgment underscores that each case depends on its specific facts, and decisions are to be applied carefully, respecting the factual context. It also emphasizes that judgments are not statutes and should be interpreted accordingly (!) (!) .

  19. Overall Rationale:

    • The court reinforced that the purpose of the summoning process is to ensure a fair trial, and the scope of judicial review is limited to preventing abuse of process or frivolous proceedings, not to substitute the court's evaluation of evidence for that of the trial court (!) (!) .

In summary, the court reaffirmed that revision against a summoning order is permissible, and the process of issuing such an order is not merely interlocutory, thus allowing for judicial review. The decision emphasizes the limited scope of review at this stage and the importance of factual and legal considerations in such proceedings.


ORDER :-

Whether Revision against summoning order is maintainable, is the main point that falls for consideration in this revision, by means of which summoning order dated 18-8-2005 passed by Judicial Magistrate 1st, Jaunpur, in Complaint Case No. 1456 of 2005 (Dinesh Kumar v. Jag Narain & others), under sections 323, 504, 506, 452, IPC has been challenged.

2. By the impugned order, the revisionists Jag Narain, Gayatri Devi, Sangita and Umesh have been summoned to face toe trial under sections 452, 323, 504, 506: IPC, on the basis of a complaint filed by the complainant Dinesh Kumar (O.P. No.2 herein).

3. Shorn of unnecessary details, the facts leading to the filing of this revision, in brief, are that a complainant was filed on 17-6-2005 in the Court of Judicial Magistrate 1st, Jaunpur by the complainant Dinesn Kumar Upadhyay impleading revisionists as accused. Annexure (3) is the copy of that complaint. Allegations made in the complainant, in brief, are that on 13-6-2005 at about 2.00 p.m. when the complainant was sleeping in his dalan, Jag Narain, his wife Smt. Gayatri Devi, his son Umesh Kumar and Smt. Sangita, wife of Umesh Kumar having lathidanda came on the door of his house











































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