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2012 (4) TMI 746 - SC - Indian Laws
Challenging the summon order passed by Magistrate - the present cases pertain to a property dispute regarding distribution of the assets left behind (of T- Series fame), a handwritten note was executed between the appellants and Respondent No. 2 wherein distribution of certain assets and shares in different companies was provided for. Subsequently, a fresh agreement was entered into between the appellants and the Respondent No. 2 which superseded the handwritten note. disputes arose soon after the second agreement, giving rise to multifarious litigations at the behest of Respondent No. 2 which are presently pending adjudication before the High Court. after 4 years, due to non-materialization of the agreement, the Respondent No. 2 got registered the present FIR u/s 420 IPC against all the other signatories to the said agreement wherein only one of the signatory was a party to it. For quashing the said FIR. the Magistrate summoned the appellants herein. Hence, this appeal.
HELD THAT:- There is no such legal requirement imposed on a Magistrate for passing detailed order while issuing summons. The process issued to accused cannot be quashed merely on the ground that the Magistrate had not passed a speaking order. Time and again it has been stated by this Court that the summoning order u/s 204 of the Code requires no explicit reasons to be stated because it is imperative that the Magistrate must have taken notice of the accusations and applied his mind to the allegations made in the police report and the materials filed therewith.
In the light of the above discussion, we conclude that the petition filed before the High Court u/s 482 of the Code was maintainable. However, on merits, the impugned order dated 30.07.2010 passed by the High Court of Delhi is confirmed, consequently, the appeals fail and the same are dismissed.
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