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Dr Gautam Ghosh   06 July 2017

Issuance of summon u/s 200

Section 200, Cr.P.C. provides for examination of the complainants and the witnesses by a Magistrate while taking cognizance. 

What Happens if a  Complainant hoodwinks the Court and  make the Court issues a Summon erroneously without following the Procedure ?


Learning

 1 Replies

Raveena Kataria (Advocate )     06 July 2017

The court/magistrate would only issue summons when it feels there's a prime facie case being made out from the complaint against the accused. Because even the court cannot affirm at the first instance whether it's false information or not, it won't issue a warrant for arrest. It will of course have to determine whether there's any truth to the accusations or not.

The accused is being summoned so the magistrate can also hear the account of the accused and give the latter the chance to present his own witnesses and discharge his guilt. The accused, if acquitted/cleared of charges, also has the option to file suit for malacious prosection against the complainant, or file a complaint u/s 182 or 211 or IPC.


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