Law: Criminal Procedure Code (V of 1898)

Section: 203, 204, 491, 494, 497, 498, 561-A

(a) Criminal Procedure Code (V of 1898) Ss. 203 & 204 - Not summoning by Magistrate of all accused persons named in complaint Not enough to hold case against summoned accused as false. (b) Criminal Procedure Code (V of 1898) S. 204-Accused, summoning of-Mere fact of failure of Magistrate to give detailed reasons for summoning accused-Does not indicate lack of application of mind to facts of case by Magistrate-No duty cast on Magistrate to state reasons in such case. (c) Criminal Procedure Code (V of 1898) S. 491-Habeas corpus-Nature of proceedings-Summary in character, By their very nature and purpose the proceedings under section 491, Cr. P. C., are summary in character. Controversies are not tried nor entire evidence is recorded under ordinary substantive and procedural laws, civil or criminal. These proceedings are not intended to go beyond the summary consideration of the questions essentially relevant to the alleged detention, e.g., whether an alleged detenu be set at liberty and as a con sequence thereof be permitted to go with the person of his or her choice and/or one claiming right to the farmer s custody or company. (d) .Criminal Procedure Code (V of 1898) S. 491 read with S. 403-Principle of res iudicata-Vital questions raised in application for quotient of proceedings-Not on trial nor any decision given in previous habeas corpus petition-Questions qua alleged divorce by first husband of detenu or with regard to validity of her second marriage not in issue in habeas corpus petition-Held: Orders under S. 491 not binding on persons concerned except qua questions of detention and/or liberty of detenu and this too subject to subsequent decision in regular trial between concerned parties-Such proceedings do not exonerate any person of any offence if committed-Nor is principle of res iudicata attracted to such situations in any form Criminal Procedure Code (V of 1898), S. 561-A. There was no trial under civil or criminal procedure of all the vital questions in issue in the later proceedings nor any final decision was given on questions qua the alleged divorce by the first husband of the detenu or with regard to the validity of her second marriage in…