TMI Blog2014 (5) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... ect the petitioner to approach trial Court, so that such petitioners instead of straightaway rushing this Court ought to seek dropping of the proceedings by the trial court to ensure that summary trial in such like matters does not get unnecessarily delayed. The petitioner is relegated to trial Court to urge all the pleas taken herein before learned trial Court at the time of hearing on notice under Section 251 of Cr.P.C. - Petition disposed off. - Crl. M.C. No. 512 of 2013 - - - Dated:- 8-5-2014 - Mr. Ved Prakash Vaish, J. For the Appellant : Biraja Mahapatra, Adv. For the Respondent : B.L. Sharma, Adv. ORDER Ved Prakash Vaish, J. 1. By way of this petition under Section 482 of the Code of Criminal Procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt pursuant to summons issued under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial court to carefully go through the allegations made in the charge-sheet or complaint and consider the evidence to come to a conclusion whether or not, commission of any offence is disclosed and if the answer is in the affirmative, the Magistrate shall explain the substance of the accusation to the accused and ask him whether he pleads guilty otherwise, he is bound to discharge the accused as per Section 239 of the Code. 4. Further, in another case Krishna Kumar Variar vs. Share Shoppe, (2010) 2 SCC 485it was observed:- 4. In our opinion, in such cases where the accused or any other person raises an objection that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings by the trial court to ensure that summary trial in such like matters does not get unnecessarily delayed. 6. Accordingly, the petitioner is relegated to trial Court to urge all the pleas taken herein before learned trial Court at the time of hearing on notice under Section 251 of Cr.P.C. In case the petitioner raises the pleas before the trial Court, the trial Court shall consider the same in accordance with law and pass a speaking order. It is settled law that the trial Court is not expected to function like post office and to mechanically frame notice, but is bound by law to apply its mind to find out whether prima facie case is made out against accused or not. 7. Needless to say if trial Court finds that no case is made ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
