VIJAY KUMAR VERMA
Jag Narain – Appellant
Versus
State of U. P. – Respondent
Based on the provided legal document, the key points are as follows:
The court established that a revision against a summoning order is legally permissible. This is a significant legal point clarified in the judgment (!) (!) .
Stage of Passing Orders Under Sections 203 or 204 Cr.P.C.:
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 (!) (!) .
Nature of the Summoning Order:
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 (!) (!) .
Evidence and Legal Principles at the Summoning Stage:
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 (!) (!) .
Scope of Judicial Review:
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 (!) (!) .
Limitations of Judicial Intervention:
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 (!) (!) .
Authority and Precedent:
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 (!) .
Final Decision:
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 (!) .
Principles on Legal Precedents:
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 (!) (!) .
Overall Rationale:
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.
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
2. AIR 2009 SC 628 : 2008 AIR SCW 7788 20
6. AIR 2008 SC 946 : 2008 AIR SCW 438 : 2008 Lab IC 760 28
9. AIR 2004 SC 4778 : 2004 AIR SCW 5457 24
11. AIR 2001 SC 2960 : 2001 AIR SCW 4435 : 2001 Cri LJ 4765 16
13. AIR 1999 SC 1028 : 1999 AIR SCW 660 : 1999 Cri LJ 1620 (Foll) 8
1. AIR 2009 SC 1032 : 2009 AIR SCW 170 : 2009 Cri W 974 10
3. AIR 2009 SC 671 : 2009 AIR SCW 7860 17
5. AIR 2008 SC 863: 2008 AIR SCW 182 28
8. AIR 2004 SC 4711 : 2004 AIR SCW 5326 : 2004 Cri LJ 4609 5
10. AIR 2003 SC 511 : 2002 AIR SCW 4939 23
12. AIR 2000 SC 3346 : 2000 AIR SCW 3564 : 2000 Cri LJ 4592 (Foll) 9
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