Search Results for Tag : Summoning Order

News

SC: Accused Should be Summoned Only After Recording Satisfaction About Sufficient Grounds To Proceed(01.02.2024)

Supreme Court has observed that a Magistrate while issuing the summoning order should not act in a casual manner, rather they should be satisfied that.....

Tags : Supreme Court, Summoning Order

SC: Voluntarily Surrendering Accused Can’t be Taken In Custody When Court Hasn’t Summoned Him(19.02.2024)

Supreme Court has observed that accused who has voluntarily surrendered cannot be taken into custody when Court has not issued a summoning order again.....

Tags : Supreme Court, Summoning Order, Custody

SC: Magistrate Must Ensure if Complaint Constitutes Only Civil Wrong Before Summoning Accused(04.01.2023)

Supreme Court has held that when the violation of law alleged is clearly debatable and doubtful, the Magistrate must ensure clarification of the ambig.....

Tags : Supreme Court, Summoning Order, Complaint

SC Questions Trial Court Practice of Remanding Accused When They Appear in Response to Summons(22.03.2023)

Supreme Court while questioning the practice followed by Courts to remand accused to custody, moment they appear in response to summoning order, has o.....

Tags : Supreme Court, Remand, Custody, Summoning Order

Supreme Court: Can’t Issue Summoning Order without Giving Valid Reasons(31.01.2025)

Supreme Court while quashing a non-speaking summoning order passed by a Judicial Magistrate, has reiterated that order of Magistrate must reflect appl.....

Tags : Supreme Court, Valid Reasons, Summoning Order

Judgments

When the proceedings are at a nascent stage, scuttling of the criminal process is not merited(26.04.2022)

The challenge in present appeals is to the judgment and order whereby the Delhi High Court dismissed the application under Section 482 of the Code of .....

Tags : Summoning order, Quashing, Grant

Prosecution cannot be instituted in absence of sanction of the Insurance Commissioner(19.09.2022)

The present petition is filed under section 482 of Code of Criminal procedure, 1973 (Cr.P.C.) for quashing of complaint filed by the Respondent for th.....

Tags : Summoning order, Sanction, Quashing

For exercise of the power under Section 319 of Cr. PC, the evidence on record must show the involvement of a person in the commission of a crime(02.06.2023)

Present appeal, by special leave, takes exception to an order of the High Court. The impugned order dismissed an appeal filed by the Appellant under S.....

Tags : Summoning order, Power, Requisite satisfaction

Reasons must be recorded in the summoning order, if the matter is arising out of complaint case(11.09.2023)

Instant application has been filed with the prayer to stay the entire proceedings in Complaint Case under Section 498-A, 323 of Indian Penal Code, 186.....

Tags : Proceedings, Summoning order, Legality