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SHARAD KUMAR SHARMA
Atul Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
The present applicants have been summoned, to be tried for the offences under Sections 354(A), 323, 452, 504 and 506 of IPC in a Criminal Case No. 299 of 2022, State Vs. Pradeep Verma and others, wherein they have been summoned by the learned Court of Judicial Magistrate, Dwarahat, District Almora by an order dated 18.08.2022. The challenge has also been given to the Chargesheet No. 3 of 2021 dated 29.12.2021.
2. In fact, the attempt, which has been made by the learned counsel for the applicants while addressing upon the C482 Application is, as if he wanted this Court to appreciate the evidence and the statement which has been recorded by the witnesses under Section 161 of CrPC, in order to make out a case that no offence, for which the present applicants have been summoned, is made out. On the contrary, he has also argued and pleaded, that the summoning order, as issued by the learned Court of Judicial Magistrate, Dwarahat, District Almora in Criminal Case No. 299 of 2022, State Vs. Pradeep Verma and others, is without application of mind and for that purposes, he has drawn the attention of this Court to the pleadings raised in para 21 of the C482 Application and also has
The judgment emphasizes the importance of careful scrutiny of evidence before summoning the accused and the limitations of the court's jurisdiction under Section 482 of CrPC.
The main legal point established is that the cognizance of an offence requires a judicial notice and an application of mind by the court. The court emphasized the necessity to reflect reasons for sum....
Power under Section 156(3) Cr.P.C. warrants application of judicial mind.
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 ....
The requirement of prima facie satisfaction for summoning an accused person and the need for the court to apply its judicial mind at the stage of taking cognizance and issuing summoning orders.
The court emphasized the necessity to summon a person and the strict application of the provision in cases where the person is not found to be instrumental in the commission of an offence at the stag....
An order under Section 204 of the Cr.P.C. cannot be valid unless the Magistrate provides clear reasoning to establish a prima facie case, ensuring ample judicial consideration.
Section 202 of CrPC is an enabling provision for the Court to decide on the necessity of summoning accused persons residing outside the territorial jurisdiction, without entailing a detailed trial at....
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 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....
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