1999 (3) TMI 675 - HC - Indian Laws

Summary

Issues:
1. Revision under Section 397 Cr.P.C against order summoning the applicant based on charge sheet.
2. Whether the order summoning the applicant was passed without proper application of mind.
3. Maintainability of the revision under Section 397 Cr.P.C.
4. Interpretation of Sections 203 and 204 Cr.P.C regarding the requirement of recording reasons for dismissing a complaint and issuing process.

Analysis:
1. The revision was filed against the order summoning the applicant based on a charge sheet for offenses under Sections 420, 467, and 468 IPC. The revisionist argued that the order lacked prima facie satisfaction of the Magistrate regarding the commission of the offense, a pre-condition for taking cognizance and issuing process.

2. The revisionist contended that the order was passed without proper application of mind to determine if there were sufficient grounds to proceed. Reference was made to Section 204 Cr.P.C, empowering the Magistrate to issue process if there are sufficient grounds for proceeding, emphasizing the need for the Magistrate to apply their mind before doing so.

3. The issue of maintainability of the revision under Section 397 Cr.P.C was raised. The revisionist cited a Division Bench case to support the argument that the order summoning the applicant was not interlocutory, making the revision maintainable. The court accepted this argument, allowing the revision to proceed.

4. The judgment delved into the interpretation of Sections 203 and 204 Cr.P.C concerning the recording of reasons for dismissing a complaint and issuing process. It was clarified that while Section 203 mandates recording reasons for dismissing a complaint, there is no such requirement under Section 204. Therefore, the order for issuing process without recording reasons was deemed legal, leading to the dismissal of the revision.

In conclusion, the court dismissed the revision, finding that the order summoning the applicant was not passed without proper application of mind and that the requirement to record reasons for dismissing a complaint did not apply to the issuance of process under Section 204 Cr.P.C.