Bhushan Kumar Vs State (NCT of Delhi) 2012 STPL(Web) 209 SC

Under Section 190 of the Code, it is the application of judicial mind to the averments in the complaint that constitutes cognizance. At this stage, the Magistrate has to be satisfied whether there is sufficient ground for proceeding and not whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction can be determined only at the trial and not at the stage of enquiry. If there is sufficient ground for proceeding then the Magistrate is empowered for issuance of process under Section 204 of the Code. 9. A summon is a process issued by a Court calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to violation of law. In other words, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person and the date and time on which the person must appear in Court. A person who is summoned is legally bound to appear before the Court on the given date and time. Willful disobedience is liable to be punished under Section 174 IPC. It is a ground for contempt of court. 10. Section 204 of the Code does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for proceeding, then the summons may be issued. This section mandates the Magistrate to form an opinion as to whether there exists a sufficient ground for summons to be issued but it is nowhere mentioned in the section that the explicit narration of the same is mandatory, meaning thereby that it is not a pre-requisite for deciding the validity of the summons issued. 11. Time and again it has been stated by this Court that the summoning order under Section 204 of the Code requires no explicit reasons to be stated because it is imperative that the Magistrate must have taken notice of the accusations and applied his mind to the allegations made in the police report and the materials filed therewith.

Mahesh Chand v. B. Janardhan Reddy and Anr. (2003) 1 SCC 734

It is settled law that there is no statutory bar in filing a second complaint on the same facts. In a case where a previous complaint is reasons, the Magistrate under cognizance of an offence and issue process if there is sufficient ground for proceeding. As held in Pramatha Nath Talukdar case second complaint could be dismissed after a decision has been given against the complainant in previous matter upon a full consideration of his case. Further, second complaint on the same facts could be entertained only in exceptional circumstances, namely, where the previous order was passed on an incomplete record or on a misunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on record in the previous proceedings, have been adduced.

CrPC-Sec 204 Subramanium Sethuraman v. State of Maharashtra, 2005(1) Apex Criminal 30 the question arose for consideration was when process was issued under Section 204 Cr.P.C. what is the remedy available against the same. It was held that issuance of a process under Section 204 Cr.P.C. is a preliminary step in trial contemplated in Chapter 20 (Sections 251 to 259) of the Code of Criminal Procedure and is, therefore, an interlocutory order which cannot be reviewed, reconsidered or recalled by the Magistrate, there being no provision therefor in the Code. The remedy available to an aggrieved accused is the extraordinary remedy under Section 482 and not by way of application to recall the summons or to seek discharge, the latter not being contemplated in trial of a summons case.

CrPC- Sec 204 Adalat Prasad v. Rooplal Jindal, (SC) 2004(7) JT 243 “If we analyse the reasons given by this Court in the said case of Mathew then we notice that the said view is based on the following facts : (a) The jurisdiction of the Magistrate to issue process arises only if the complaint contains the allegations involving the commission of a crime; (b) If the process is issued without there being an allegation in the complaint involving the accused in the commission of a crime it is open to the summoned accused to approach the court issuing summons and convince the court that there is no such allegation in the complaint which requires his summoning; (c) For so recalling the order of summons no specific provision of law is required; (d) The order of issuing process is an interim order and not a judgment hence it can be varied or recalled. It is true that if a Magistrate takes cognizance of an offence, issues process without there being any allegation against the accused or any material implicating the accused or in contravention of provision of Sections 200 & 202, the order of the Magistrate may be vitiated, but then the relief an aggrieved accused can obtain at that stage is not by invoking Section 203 of the Code because the Criminal Procedure Code does not contemplate a review of an order. Hence in the absence of any review power or inherent power with the subordinate criminal courts, the remedy lies in invoking Section 482 of Code.”