RAM MANOHAR NARAYAN MISHRA
Guddi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Ram Manohar Narayan Mishra, J.
Heard learned counsel for the revisionists, learned counsel for the opposite party No.2, learned AGA for the State and perused the material placed on record.
2. Instant criminal revision has been preferred against the impugned order dated 10.9.2013, passed by Special Judge (D.A.A.), Agra, in Complaint Case No.109 of 2013, Layak Singh Varma v. Smt. Guddi and Others, under Sections 395 , 397 IPC, Police Station Etmadpur, District Agra, whereby the accused revisionists have been summoned to face trial for charges mentioned as above.
3. The factual matrix of the case in brief are that the complainant filed an application under Section 156(3) Cr.P.C. before Special Judge (D.A.A.) Agra with averment that on 28.9.2013 at around 10:00 AM, he visited his agricultural field along with Narendra Kumar and Kaushlendra. He found that accused persons namely, Smt. Guddi and others were engaged in constructing a wall in his field in illegal manner with a view to grab his field. When he objected to this, accused Ram Prakash pointed butt of a spade and Kishan Singh pointed out his country made pistol on temple of the applicant. The accused persons engaged in m
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.
The court emphasized that the issuance of process against accused must be based on a proper assessment of evidence, ensuring that legal proceedings are not misused by summoning accused individuals wi....
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.
A Magistrate must provide reasons and apply judicial mind when summoning accused in a complaint case, failing which the order is liable to be set aside.
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.
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
Non-examination of all witnesses does not invalidate summons if sufficient evidence supports the charges; proceedings against deceased individuals are abated.
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.