सीआरपीसी की धारा 202 पर सुप्रीम कोर्ट का फैसला बताया केस की जांच कैसे होगी | Supreme Court Judgment on Crpc Section 202
|Case Number||Crl.A. No.-000875-000875 – 2019||09-05-2019|
|Petitioner Name||BIRLA CORPORATION LTD.|
|Respondent Name||ADVENTZ INVESTMENTS AND HOLDINGS LTD.|
|Petitioner’s Advocate||SENTHIL JAGADEESAN|
|Bench||HON’BLE MRS. JUSTICE R. BANUMATHI, HON’BLE MR. JUSTICE R. SUBHASH REDDY|
|Judgment By||HON’BLE MRS. JUSTICE R. BANUMATHI|
In a judgment given last week, the Supreme Court explained the scope of investigation or inquiry under Section 202 of the CrPC Code of Criminal Procedure i.e. the CRPC. In the case of Birla, a bench headed by Justice R. Bhanumathi found that the purpose of the investigation under section 202 of the CRPC is to ascertain whether or not the case is made in the first instance and whether there is sufficient basis for prosecution against the accused or not. The details of section 202 of the CrPC have been stated in page 19-29 of the verdict. The bench said that on submission of complaint by any person, the magistrate is required to investigate the complainant and present witnesses, if any. Then, after seeing the allegations leveled in the complaint, the statement given by the complainant, statements of witnesses etc.
The Magistrate must satisfy himself for the fact that there is sufficient ground for prosecution or action against the accused. After the satisfaction of the magistrate Ret CrPC sections give instructions to continue the process of 204 Thtbtai. The court also said that the allegations made in the complaint, statement of complainant and other existing material should be ascertained that there is sufficient basis for initiating proceedings against the accused.
The court said that “the scope of the investigation under this section is limited to the allegations leveled in the complaint so that it can be ascertained whether the process under section 204 of the CRPC should be initiated or whether the assistance of Section 203 of the CrPC The complaint should be dismissed by saying that there is not enough basis for initiating proceedings on the basis of the statement of the juvenile and statements of witnesses, if any.
In the case of inquiry under Section 202 of RPC, the Magistrate only views or considers the evidence given in support of the allegations made in the complaint or the evidence given in the complaint so that it can satisfy themselves that enough to start the proceedings against the accused The court also said that the court also said that under the revised sub-section (1) of Section 202 of the CrPC, it is the responsibility of the Magistrate that the accused, Before leaving the area, he should inquire himself in the matter or give instructions to any police officer or person to whom he deem fit, so that it can be ascertained to initiate proceedings against the accused.
Whether there is enough support or not? He also mentioned various decisions on this subject- “The magistrate’s order to issue the summons should be clearly understood that the brain has been installed, considering the facts of the case and the related law.
By understanding the process thinking, the brain It has to be disclosed – this should be disclosed. In the case of a complaint, in the case of issue of summons to the accused, the magistrate’s duties and mechanism. Due to the rule of non-issue, the magistrate should not act as a post office when taking cognizance of the complaint.
“Several other decisions on this subject have also been referred by the bench, which is as follows – There is no need to write a detailed order to the magistrate at the stage of doing so.But on the basis of evidence given in support of the allegations or support of the accused, the Magistrate The first sight should be satisfied that there is sufficient basis for initiating proceedings against the accused (Jagdish Ram Vs. State of Rajasthan) – Neither process should be made mechanically (i.e. without thinking) and neither of the means of unnecessary harassment (Punjab National Bank and Other vs. Surendra Prasad Sinha). – Issuing summons to an accused in a criminal case is a serious matter and, of course, the criminal case against a person can not be made mechanically (habitually inappropriate) (Pepsi Foods Ltd and others vs. Special Judicial Magistrates and others).
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