Allahabad HC Lays Down Law on Summoning U/s 204 CrPC

An application under section 482 CrPc was filed by the petitioners and prayed the Court to quash the order dated 28.07.2020 passed by the Sessions Judge, Maharajganj.

Brief Facts of The Case: Desh Deepak Dwivedi & Ors vs State of U.P. and Another

The petitioners in the instant case were charged under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D. P. Act.

Counsel for the petitioners stated before the Allahabad High Court that Ms Kumkum Dwiwedi filed a criminal case against her husband and in law and allegations of cruelty and demand of dowry were made. An order was passed by the C.J.M. Maharajganj where it was stated that the complaint was filed to harass the husband and in-laws and summoning of the accused was not required.

The order was challenged before the Sessions Judge who allowed the revision petition and the case was sent back to the C.J.M. for fresh consideration.

Learned C.J.M. looked into the matter and directed the Superintendent of Police, Maharajganj to conduct an inquiry led by a Gazetted Police Officer. 

After the inquiry was conducted, the Superintendent of Police informed the C.J.M. that the complainant was harassing her in-laws for no apparent reason and that there were contraindications in her statement regarding the date of the alleged assault.

Based on the report, the C.J.M. dismissed the complaint u/s 203 Cr.P.C

Against the order of the C.J.M., a revision was filed. The revision was allowed, and the order was set aside. The counsel argued that the remand order issued therein was an abuse of process of law.

Reasoning of Allahabad High Court

Hon’ble Court observed that the learned C.J.M. had not exercised his judicial mind in passing the impugned order. Rather the report of Dy. S.P. has been taken as basis and finding is on the above report with a categorical mention that in the opinion of the learned Magistrate, no ground is there for passing summoning order.

A reference was made to various decisions passed by the Supreme Court that the opinion of the Court should be based on evidence and analytical analysis of judicial precedents should be conducted.

The Court further observed that the Magistrate should have analysed the evidence in accordance with 200 and 202 Cr.P.C. the order should have been passed if a prima facie case was made out.

Court looked into the genesis of the complaints from the very beginning. The allegation against the in-laws was made, and that was an undisputed fact. 

The strained relations between the parties have been simmering for quite a while as well. Though attempts were made to solve the issues amicably, all the attempts were unsuccessful. 

Court also noted the fact that other appellants, in this case, were the close blood relatives of the husband and allegations against them had been made for cruelty and demand of dowry.

The Decision of the Allahabad High Court

After going through all the facts and evidence of the case, the Court held that the order passed by the Magistrate was against the proposition of law on the point of summoning u/s 204 Cr.P.C., as written by the learned Sessions Judge, Maharajganj while deciding the Criminal Revision. 

Hence the impugned order of the learned Sessions Judge, Maharajganj, is well in accordance with the law and has rightly set aside the order of C.J.M., Maharajganj. 

Accordingly, the application was dismissed.

Case Details:-

Title:  Desh Deepak Dwivedi And 3 Others vs State of U.P. and Another

Case No. APPLICATION U/S 482 No. – 14988 of 2020

Date of Order: 08.10.2020

Coram: Hon’ble Justice Ram Krishna Gautam

Advocates: Counsel for Applicant :- Anand Prakash Yadav,Kavita Yadav,Krishna Nand Yadav Counsel for Opposite Party :- G.A

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