KOLKATA: In a bid to insulate other people from frivolous legal court cases in courts, the Calcutta High Court has held that before issuing summons to people who reside past the court’s territorial jurisdiction, the magistrate should read about the complainant and witnesses; he will even seek police assist to hold out the background check.
The present apply is to document court cases at once before courts underneath Section 190 of CrPC, following which magistrates can take cognisance of the complaint and factor summons to the accused.
In a up to date order, a division bench of justice Debasish Kar Gupta and justice Shekhar B. Saraf referred to as for additional scrutiny when the accused lived some distance away or past the magistrate’s territorial jurisdiction.
A judicial magistrate’s court has a defined geography comprising of positive number of police stations. Kolkata, for example, has judicial magistrate’s courts at Bankshall, Alipore and Sealdah, catering to specific number of police stations.
The HC order mentioned: “The magistrate has to ward of false court cases towards individuals who reside at far away places with the intention to save them from pointless harassment. The magistrate is underneath obligation to determine if there may be any matter which calls for investigation through a legal court through examining the witnesses produced through the complainant or directing an investigation through a police officer.”
The HC, on the other hand, made it clear that its directions will have no touching on instances registered underneath the NI Act 1881 or cheque-bounce instances.
The HC order got here in keeping with 41 petitions now mendacity before the Calcutta High Court in which the petitioners have moved to quash legal proceedings towards them. Some of those instances check with cheating and legal breach of trust (sections 406 and 420 IPC); the remaining are cheque-bounce instances underneath NI Act 1881. A separate bench of the Calcutta High Court listening to these instances had framed a question for the division bench. The HC single-bench had asked, among others, whether or not an inquiry is necessary for a magistrate before issuing summons to other people past its jurisdiction and what will be the nature of such an inquiry.
Senior legal attorney Sekhar Basu mentioned, “It was with a an identical function to insulate other people from harassment that phase 202 of CrPC was amended making provisions for an inquiry. Making a probe necessary before issuance of summons to other people staying some distance away will without doubt convey reduction to many individuals.”
Senior legal attorney Milon Mukherjee agreed. “Since any legal complaint may also be made before court, this order will add positive protection valves before the accused. It will save a lot of pointless harassment.”
The present apply is to document court cases at once before courts underneath Section 190 of CrPC, following which magistrates can take cognisance of the complaint and factor summons to the accused.
In a up to date order, a division bench of justice Debasish Kar Gupta and justice Shekhar B. Saraf referred to as for additional scrutiny when the accused lived some distance away or past the magistrate’s territorial jurisdiction.
A judicial magistrate’s court has a defined geography comprising of positive number of police stations. Kolkata, for example, has judicial magistrate’s courts at Bankshall, Alipore and Sealdah, catering to specific number of police stations.
The HC order mentioned: “The magistrate has to ward of false court cases towards individuals who reside at far away places with the intention to save them from pointless harassment. The magistrate is underneath obligation to determine if there may be any matter which calls for investigation through a legal court through examining the witnesses produced through the complainant or directing an investigation through a police officer.”
The HC, on the other hand, made it clear that its directions will have no touching on instances registered underneath the NI Act 1881 or cheque-bounce instances.
The HC order got here in keeping with 41 petitions now mendacity before the Calcutta High Court in which the petitioners have moved to quash legal proceedings towards them. Some of those instances check with cheating and legal breach of trust (sections 406 and 420 IPC); the remaining are cheque-bounce instances underneath NI Act 1881. A separate bench of the Calcutta High Court listening to these instances had framed a question for the division bench. The HC single-bench had asked, among others, whether or not an inquiry is necessary for a magistrate before issuing summons to other people past its jurisdiction and what will be the nature of such an inquiry.
Senior legal attorney Sekhar Basu mentioned, “It was with a an identical function to insulate other people from harassment that phase 202 of CrPC was amended making provisions for an inquiry. Making a probe necessary before issuance of summons to other people staying some distance away will without doubt convey reduction to many individuals.”
Senior legal attorney Milon Mukherjee agreed. “Since any legal complaint may also be made before court, this order will add positive protection valves before the accused. It will save a lot of pointless harassment.”
HC to magistrates: First probe, then issue summons
![HC to magistrates: First probe, then issue summons]()
Reviewed by Kailash
on
May 10, 2018
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