Indian Penal Code, 1860; Section 306 -Mere statement in suicide note that ‘ X will be responsible for his suicide’ would not be a ground at all to issue summons to X to face the trial for the offence under Section 306, IPC. (Para 24) Code Of Criminal Procedure, 1973; Section 204, 482- A petition …
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 …
Code of Criminal Procedure, 1973; Section 204 – While it is true that at the stage of issuing summons a magistrate only needs to be satisfied with a prima facie case for taking cognizance, the duty of the magistrate is also to be satisfied whether there is sufficient ground for proceeding- At the stage of …