“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
_______________________________________________
Can somebody post the complete judgement
LikeLike
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
LikeLike
Hi,
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?
LikeLike
Your mode of explaining the whole thing in this paragraph is genuinely nice, all
be able to effortlessly know it, Thanks a lot.
LikeLike