Law:

Section:

Burden of Proof-- ----The Burden of proof in a preliminary inquiry for the issuance of process in quite lighter on the complainant as compared to the burden of proof on prosecution at the trial of an offence as the prosecution is to prove case beyond reasonable doubt and at the preliminary stage the complainant is not required to dis-charge above heavy burden of proof--Court cannot over stretch the proceedings as to convert the preliminary inquiry or the averments made in the complainant to a stage of full-fledged trial of the case. It is quite an initial stage whereafter the accused is having the opportunity, apart from showing his innocence in the case at the final stage, to have a recourse to an intermediatory remedy by moving the Court showing the complainant to be false and frivolous one and requesting the Court for his acquittal u/Ss. 249-A or 265-K, Cr.P.C prior to further proceeding in the case to be taken. Mere summoning of an accused by the Court to answer the charges leveled against him does not tantamount to any infringement of any right of a person but rather an opportunity afforded to him to explain his position. False and frivolous accusation-- ----The possibility of accusation turning out to be false or frivolous at the trial should not overbear the Court from issuing the process if the material available. Prima facie discloses the case against the accused. At this stage a protracted inquiry or full dress rehearsal of trial is not required. Moreover, Section 250, Cr.P.C also provides sufficient safeguard to an accused against a false and frivolous accusation by the complainant which envisages that the Court while acquitting an accused at the trial stage, holding the charge brought against him, was false, frivolous or vexatious has sufficient power to award adequate compensation. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 439, 202 & 203--Criminal Revision--Sufficient evidence--Deeper appreciation of evidence--Proceedings u/Ss. 202 or 203Cr.P.C. depend upon the existence or non-existence of sufficient grounds which have been taken by Courts as existence of prima facie case--Impugned passed by Sessions Judge was found to be illegal,…

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