1967 (1) TMI 83 - SC - Indian Laws

Summary

Issues:
1. Jurisdiction of the Magistrate to summon the appellant based on sufficient evidence.
2. Interpretation of sections 190 and 207 of the Code of Criminal Procedure.
3. Validity of summoning the appellant after being discharged by the Sub-divisional Magistrate.

Analysis:
1. The appellant challenged the Magistrate's order to summon him, arguing lack of jurisdiction due to a prior dismissal by the Sub-divisional Magistrate. The Sessions Judge upheld the Magistrate's decision, stating the Magistrate could summon based on evidence. The High Court affirmed this, emphasizing the Magistrate's authority to summon based on fresh evidence, not limited to the Sub-divisional Magistrate's findings.

2. The High Court discussed the interpretation of sections 190 and 207 of the Code. It clarified that once cognizance is taken under section 190(1)(b) based on a police report, a proceeding is instituted under section 207(a). The court cited precedents to support this interpretation, highlighting that the Magistrate can summon additional accused based on evidence, even without witness examination in court.

3. The appellant contended that the Sub-divisional Magistrate's discharge was final and the procedure under section 207A was not applicable. However, the court rejected this argument, stating that once cognizance of the offence is taken, it is the Magistrate's duty to identify all offenders. The court cited previous decisions supporting the summoning of additional accused based on evidence from police statements and documents.

In conclusion, the Supreme Court dismissed the appeal, upholding the Magistrate's authority to summon the appellant based on fresh evidence, even after discharge by the Sub-divisional Magistrate. The court's interpretation of sections 190 and 207 of the Code supported the Magistrate's actions, emphasizing the duty to identify all offenders once cognizance of the offence is taken. The decision aligned with previous judgments allowing the summoning of additional accused based on evidence from police reports and documents.