498A Summoning Order Quashing Judgement dated 04-01-2023
In this case, a complaint has been filed under sections 498A and 323 of IPC and Section 3/ 4 of the Dowry Prohibition Act.
Later a summoning order dated 20.05.2022 has been passed by the Magistrate, Rampur, and the entire proceedings of this complaint case are pending in the Court of Magistrate.
The present application under Section 482 of CrPC is filed in the High Court to challenge the summoning order dated 20.05.2022 passed by the Magistrate, Rampur.
The advocate appearing on behalf of the person who filed the application submitted that the summoning order impugned in the present application is wholly arbitrary, and therefore the summoning order shall be set aside by the court.
It is also submitted that the Magistrate has simply recorded a conclusion that on the basis of the complaint filed, the statement of the person who filed the complaint, and his witnesses, prima facie an offense under Section 392 of IPC appears to have been committed.
It is further submitted that the conclusion recorded by the Magistrate is not preceded by a discussion about the allegations made in the complaint or statements of the person who filed the complaint, and his witnesses as recorded under Sections 200 and 202 of CrPC.
It is also submitted that in the absence of the findings recorded by the court of Magistrate, on the basis of allegations made, the statements of the person who filed the complaint, and statements of witnesses, no prima facie satisfaction was recorded by the Magistrate for summoning the person who filed the application under Section 498A & 323 of IPC and section 3/ 4 of Dowry Prohibition Act.
Therefore, he prayed for quashing the summoning order dated 20.05.2022 passed by the Magistrate against the person who filed the application.
The court also stated that the Magistrate is required to mention in the order about the prima facie satisfaction for summoning the accused person, and the order must reflect that the Magistrate has exercised his jurisdiction in accordance with the law, after satisfying himself about the allegations made in the complaint.
The court further stated that the Magistrate shall note the contents of the complaint and pieces of evidence under Sections 200 and 202 of CrPC in the order, and there shall be a discussion done by the Magistrate about the evidence, and it shall be considered as, what overt act has been committed by the accused.
Furthermore, it is stated by the court that the Magistrate should consider the facts of the case before passing the summoning order, and the order should not lack the reflection of the application of the Judicial Mind, otherwise, the order cannot be accepted as a proper legal order passed after following the procedure of law.
It is a well-settled principle of law that at the time of issuing of the process the magistrate is only required to see the allegations made in the complaint, and when the allegations made in the complaint or the chargesheet do not constitute an offense against a person then the complaint is liable to be dismissed.
It is also a well-settled principle that when the court summons an accused person, the court has to see prima facie evidence, and the inquiry under section 202 CrPC is done to find the truth of the allegations made in the complaint, and the passing of a summoning order is a very important matter which initiates a criminal proceeding against a person, and such orders shall not be passed summarily or without applying judicial mind.
At the stage of summoning, the Magistrate is not required to carefully examine or evaluate the evidence, and he is not required to record the detailed reasons, and only brief order which indicates the application of mind is expected of the magistrate at that stage.
In view of the above discussion, the court held that it is clear that the impugned summoning order passed by the Magistrate is cryptic, and does not stand the test laid down by the court.
Therefore, the present criminal application is allowed, and the summoning order dated 20.05.2022 passed by Magistrate, Rampur is hereby quashed, and the concerned Magistrate is given the order to pass a fresh order in the light of the observations made in this case.
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