Magistrate issued a summon without giving appropriate reason thereof. I have received a summon from the court for the offence of section 323/504/506 IPC. No reason and finding of the court has been mentioned in that summons. In this condition I can say that the court has issued a process without application of mind. My friend says that I can challenge the process before the high court. I contacted an advocate of the High Court and he advised that the issue of process cannot be challenged on the ground of not stating reason. Please suggest.
Asked from: Uttar Pradesh
It is well settled that it is not mandatory for the Magistrate to pass a detailed reasoned order under Section 204 of the Code of Criminal Procedure, 1973, at the stage of issuing process. This principle has been clearly laid down by the Hon’ble Supreme Court in Kanti Bhadra Shah v. State of West Bengal, (2000) 1 SCC 722.
At the stage of issuance of process, the Magistrate is not required to record reasons or make detailed findings. If the Magistrate is satisfied that there exists sufficient ground to proceed against the accused, he may issue process, whether in the form of a summons or a warrant.
Once the complainant succeeds in establishing that a prima facie case exists against the accused, the court may take cognizance of the offence and issue process accordingly. At this stage, the court is expected to consider:
- The form and contents of the complaint,
- The statements of the complainant and witnesses, and
- The evidence adduced in support of the allegations.
If these materials, taken as a whole, prima facie disclose the commission of an offence, the Magistrate is bound to issue process and summon the accused to face trial.
However, the issue of process may be challenged on certain limited grounds, such as:
- That no offence is made out on the basis of the evidence adduced,
- That no prima facie case exists against the accused, or
- That the Magistrate has issued process without proper application of mind or without considering the materials on record.
Importantly, the summoning order cannot be challenged merely on the ground that the Magistrate has not recorded reasons, or that the order lacks detailed findings regarding cognizance. The law does not mandate the Magistrate to elaborate on these aspects at the stage of process issuance under Section 204 CrPC. Magistrate issued a summon without giving appropriate reason is in consonance of the provision of crpc.
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