SC: Magistrate Is Not A Silent Spectator – 1997

“28. Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to   examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not that the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. The Magistrate has to carefully scrutinize the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused.”

Here is the judgment:    Pepsi Foods vs Special Judicial Magistrate Nov 1997



6 Responses to “SC: Magistrate Is Not A Silent Spectator – 1997”

  1. 1 Funtosh November 13, 2009 at 7:55 pm

    Can somebody post the complete judgement


  2. 2 prem January 27, 2010 at 1:49 pm

    can you send me the copy of judgement or atleast the citation / reference so that I can use it for my case . Other wise it is of no use since we can not explain the details if called for and it becomes usless or can even bonce back stating it as flase. So pls. give details as it is a good citation


  3. 3 A February 23, 2010 at 11:34 pm


    Can somebody please elaborate on 406 summons in Maharashtra state?

    The girl has falsely put the FIR and summons 406 have been issued against me and parents.I am not in India currently and my parents are in India in UP.

    I want some good guidance on how to approach this in right manner?

    Can an arrest be made just on petition on first date?


  4. 4 Dell Xps Duo 12 August 1, 2013 at 7:08 am

    Your mode of explaining the whole thing in this paragraph is genuinely nice, all
    be able to effortlessly know it, Thanks a lot.


  1. 1 Bombay HC fines state for illegal police arrests and excesses « Gladiator Trackback on December 24, 2012 at 8:46 am
  2. 2 CrPC Amendments | Srishaila's Blog Trackback on June 6, 2013 at 4:16 am

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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