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JYOTSNA SHARMA
Divya Nand Yadav – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. complaint case and alleged facts. (Para 2 , 3) |
| 2. arguments regarding the falsity of the complaint. (Para 4) |
| 3. judicial approach on summoning accused. (Para 5 , 6 , 7 , 8 , 9) |
| 4. criteria for prima facie satisfaction. (Para 10 , 14) |
| 5. concerns over judicial procedure and related cases. (Para 11 , 12 , 13) |
| 6. conclusion: insufficient material to summon. (Para 15) |
JUDGMENT
Mrs. Jyotsna Sharma, J.
Heard Sri Ram Kishore Pandey, learned counsel for the appellants, Sri Janardan Yadav, learned counsel for respondent no. 2 and Sri O.P. Mishra, learned AGA for the State.
2. By means of this criminal appeal, an order dated 09.11.2022 passed by the Special Judge (SC/ST Act), Azamgarh in complaint case no. 131 of 2021 (Prem Kumar v. Dr. Divya Nand Yadav and Others), Police Station Jiyanpur, District Azamgarh, whereby the appellant accused persons have been summoned under Sections 323 , 504, 506 IPC and Section 3(1)(da) and 3(1)(dha) of the SC/ST (Prevention of Atrocities) Act, is under challenge.
3. The relevant facts as emerging from record are as below:-
Point of law : Section 203 of the Code empowers a Magistrate to dismiss a complaint without even issuing a process. It uses the words “after considering” and “the Magistrate is of opinion that there ....
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 inquiry under Section 202 Cr.P.C. is mandatory when the accused resides beyond the Magistrate's jurisdiction, and summoning an accused in a criminal case is a serious matter requiring the applica....
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
The issuance of process in serious criminal offenses must not be mechanical; proper evaluation of evidence and roles of each accused is essential for establishing a prima facie case.
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