Shiv Jatia vs Gian Chand Malick 2024 INSC 142

Code Of Criminal Procedure, 1973; Section 204-For issuing the order of summoning, the Magistrate could not have relied upon the same material which was before him when he passed the order calling for the report under Section 202 of the Cr.PC -The reason is that, obviously, he was not satisfied that the material was sufficient to pass the summoning order – The order issuing process has drastic consequences. Such orders require the application of mind. Such orders cannot be passed casually. (Para 11)

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