LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Cognizence U/S 204 Cr.P.C.

Page no : 2

Anil Agrawal (Retired)     26 April 2009

 Is it of any help:

 7. In AIR 1976 (Vol. 2) SC 1947, Smt. Nagaivwa v. Veeranna
   Shilalingeppa Konjalgi and Ors., it has been made clear by the Hon'ble
   Apex Court that while issuing process, the Magistrate is mainly
   concerned with the allegations made in the complaint or the evidence
   led in support of the same and he is only to be satisfied whether there
   are sufficient grounds for proceeding against the accused. It is not
   the province of the Magistrate to enter into a detailed discussion of
   the merits or demerits of the case nor can the High Court go into this
   matter in its revisional jurisdiction which is a very limited one.

   8. In another case, Hon'ble Apex Court has held in 1992 (Vol. 2) Cr.
   L.J. 1956, Sri Chand Dhazvan v. Jawahar Lal and Ors., that if the
   Magistrate is prima facie, satisfied and has issued summons, quashing
   of the order is not justified on the ground of false evidence. If the
   Magistrate was satisfied that an offence had been disclosed and
   accordingly the summons had been issued, the High Court was justified
   in reaching the conclusion that the proceedings were not liable to be
   quashed on the basis of additional merits produced by the accused as
   those were not required to be proved.


Anil Agrawal (Retired)     26 April 2009

  7. In AIR 1976 (Vol. 2) SC 1947, Smt. Nagaivwa v. Veeranna

   Shilalingeppa Konjalgi and Ors., it has been made clear by the Hon'ble
   Apex Court that while issuing process, the Magistrate is mainly
   concerned with the allegations made in the complaint or the evidence
   led in support of the same and he is only to be satisfied whether there
   are sufficient grounds for proceeding against the accused. It is not
   the province of the Magistrate to enter into a detailed discussion of
   the merits or demerits of the case nor can the High Court go into this
   matter in its revisional jurisdiction which is a very limited one.

   8. In another case, Hon'ble Apex Court has held in 1992 (Vol. 2) Cr.
   L.J. 1956, Sri Chand Dhazvan v. Jawahar Lal and Ors., that if the
   Magistrate is prima facie, satisfied and has issued summons, quashing
   of the order is not justified on the ground of false evidence. If the
   Magistrate was satisfied that an offence had been disclosed and
   accordingly the summons had been issued, the High Court was justified
   in reaching the conclusion that the proceedings were not liable to be
   quashed on the basis of additional merits produced by the accused as
   those were not required to be proved.



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register