TMI Blog1999 (3) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... dged by opposite party No. 2 for the offences under Sections 420 : 467 and 468 IPC. On the basis of that charge sheet by the impugned order the case was registered and the applicant was summoned by non-bailable warrant returnable by 9-2-99. Aggrieved by it, the present revision has been preferred. 4. The contention of the learned Counsel for the revisionist is that the order has been passed without application of mind for the fact whether any offence has been committed. That before the issue of process, there must be prima facie satisfaction of the learned Magistrate regarding commission of offence, which is a pre-condition for taking cognizance and issue of process. 5. It is contended by opposite parties that the order is interlocuto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oing so. If the complaint is not dismissed Under Section 203, the process are issued under Section 204 Cr. PC. Section 204 is in a different Chapter-XVI, but applies to complaint cases as well as to the cases instituted on police report, and this is the only provision under which the process are issued by the Magistrate in a case after taking cognizance. The procedure for trial of warrant cases has been provided in Chapter-XIX. In the present case the cognizance has been taken upon a police report and therefore, I confine myself to the cases instituted on a police report. Under Section 239 Cr. P.C. the Magistrate after considering the police report and the documents and after recording the statement of the accused and hearing the prosecutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered nor the reasons are required to be recorded. At the stage of charge under Section 239 or 240 Cr. P.C. the evidence may be considered very briefly, though at that stage also, the Magistrate is not required to meticulously examine and to evaluate the evidence and to record detailed reasons. 8. A bare reading of Sections 203 and 204 Cr.P.C. shows that Section 203 Cr.P.C. requires that reasons should be recorded for the dismissal of the complaint. Contrary to it, there is no such' requirement under Section 204 Cr.P.C. Therefore, the order for issue of process in this case without recording reasons, does not suffer from any illegality. 9. The revision has, therefore, no force and is hereby dismissed. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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