Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 203 & 204---Private complaint---Prima facie case---Meaning---Issuance or non-issuance of process---Principles---Proceedings under S.204 or 203 Cr.P.C. depend upon existence or non-existence of sufficient ground which had been taken by Courts as the existence of prima facie case---Two expressions i.e. existence of sufficient ground and prima facie case have been construed by Courts interchangeably---If a complaint is made before Court, it is only to see existence of a prima facie case either on the basis of averments made in complaint and statement of complainant on oath or on the basis of inquiry, if the Court thinks fit to hold inquiry in order to ascertain truth or falsehood of the complaint. Sher Singh v. Jatendranath Sen AIR 1931 Cal. 607 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 204---Private complaint---Issuance of process---Examination of material---Principles---Burden of proof---Court is not expected to examine material minutely at the stage of issuance of process; whereas at the stage of trial, Court appraises evidence thoroughly and records its findings on the basis of such appraisal and any benefit of doubt arising out of such inquiry should be given to accused---Preliminary inquiry is not the stage where a material available on record is assessed in depth but a prima facie case has to be made out to proceed further with the matter for issuance of the process---Burden of proof in preliminary inquiry for issuance of process is much lighter on the complainant as compared to the burden of proof on prosecution at trial of offence---Prosecution, during trial, is to prove case beyond reasonable doubt and at preliminary stage complainant is not required to discharge heavy burden of proof---Court cannot overstretch the proceedings as to convert preliminary inquiry or averments made in complaint to a stage of full-fledged trial of the case. (c) Criminal Procedure Code (V of 1898)--- ----S. 204---Issuance of process---Infringement of rights---Validity---Mere summoning of accused by Court to answer charges levelled against him was not tantamount to any infringement of ally right of a person,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492