Law: Criminal Procedure Code (V of 1898)

Section: 436,202,203

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 436, 202 & 203---Power of Sessions Court to summon accused in a private complaint without inquiry---Scope---Complainant initiated a private complaint before the Magistrate alleging that accused persons took away his wife and illegally detained her for purpose of effecting a compromise between the parties, whereafter complainant along with witnesses went to the accused and demanded her return but instead he was threatened with dire consequences---Magistrate after recording cursory evidence of complainant and prosecution witnesses dismissed the complaint for want of sufficient evidence to summon the accused---Sessions Judge set aside order of Magistrate, summoned the accused persons to face trial and remanded the case to the Magistrate---Plea of accused persons that Sessions Judge was not competent to summon the accused rather he could have only remanded the case to Magistrate in terms of S.436, Cr.P.C for further proceedings in accordance with law---Validity---Sessions Court could order the summoning of accused without directing any further inquiry---Section 436, Cr.P.C conferred a discretion upon the Sessions Judge to order summoning of accused after inquiry or without further inquiry while remanding the case to Trial Magistrate---Despite the fact that allegations levelled by complainant were corroborated by prosecution witnesses, Magistrate dismissed the complaint---No jurisdictional error or legal infirmity was found in the impugned order of Sessions Judge---Petition was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 436, 202 & 203---Power of Sessions Court to summon accused in a private complaint without inquiry---Scope---Sessions Court could order the summoning of accused without directing any further inquiry---Section 436, Cr.P.C conferred a discretion upon the Sessions Judge to order summoning of accused after inquiry or without further inquiry while remanding the case to Trial Magistrate. JUDGMENT ABDUS SATTAR ASGHAR, J.---This Criminal Miscellaneous Application under section 561-A of the Code of Criminal Procedure 1898 is directed against the order dated 26-11-2012…

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