Section 204 CrPC – Magistrate’s Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given
Case: Lalankumar Singh vs State of Maharashtra
Coram: Justices BR Gavai and CT Ravikumar
Case No.: CrA 1757 OF 2022
Court Observation: “The Magistrate is required to apply his mind as to whether sufficient ground for proceeding exists in the case or not. The formation of such an opinion is required to be stated in the order itself.”
“The order of issuance of process is not an empty formality. The Magistrate is required to apply his mind as to whether sufficient ground for proceeding exists in the case or not. The formation of such an opinion is required to be stated in the order itself. The order is liable to be set aside if no reasons are given therein while coming to the conclusion that there is a prima facie case against the accused. No doubt, that the order need not contain detailed reasons.. In the present case, leaving aside there being no reasons in support of the order of the issuance of process, as a matter of fact, it is clear from the order of the learned Single Judge of the High Court, that there was no such order passed at all. The learned Single Judge of the High Court, based on the record, has presumed that there was an order of issuance of process. We find that such an approach is unsustainable in law. The appeal therefore deserves to be allowed.”
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Keywords
Magistrate’s Order Of Issuance
