2015 (3) TMI 1349 - SUPREME COURT OF INDIA - Indian Laws

Head Note / Extract:
Complaints to Magistrate - Commencement of Proceedings before Magistrate - Sufficient ground of proceeding - Section 204(1) of Code of Criminal Procedure - Magistrate is of the opinion that there is no sufficient ground for proceeding, he should dismiss the complaint, after briefly recording the reasons for doing so - How does a Magistrate, while taking cognizance of an offence on complaint, indicate his satisfaction regarding the ground for proceeding against the accused? HELD THAT:- There is no indication on the application of mind by the learned Magistrate in taking cognizance and issuing process to the Appellants. The contention that the application of mind has to be inferred cannot be appreciated. The further contention that without application of mind, the process will not be issued cannot also be appreciated. Though no formal or speaking or reasoned orders are required at the stage of Section 190/204 Code of Criminal Procedure, there must be sufficient indication on the application of mind by the Magistrate to the facts constituting commission of an offence and the statements recorded Under Section 200 of Code of Criminal Procedure so as to proceed against the offender. No doubt, the High Court is right in holding that the veracity of the allegations is a question of evidence. Question is not about veracity of the allegations; but whether the Respondents are answerable at all before the criminal court. There is no indication in that regard in the order passed by the learned Magistrate. The matter is remitted to the Magistrate for fresh consideration - Appeal allowed by way of remand.