Supreme Court: Under which circumstances, Magistrate is not required to record reasons for passing the order of issue process?

 In Kanti Bhadra Shah and Anr. v. State of West Bengal   MANU/SC/0004/2000 : (2000) 1 SCC 722, the following passage will be apposite in this context:

12. If there is no legal requirement that the trial Court should write an order showing the reasons for framing a charge, why should the already burdened trial Courts be further burdened with such an extra work. The time has reached to adopt all possible measures to expedite the Court procedures and to chalk out measures to avert all roadblocks causing avoidable delays. If a Magistrate is to write detailed orders at different stages merely because the counsel would address arguments at all stages, the snail- paced progress of proceedings in trial Courts would further be slowed down. We are coming across interlocutory orders of Magistrates and Sessions Judges running into several pages. We can appreciate if such a detailed order has been passed for culminating the proceedings before them. But it is quite unnecessary to write detailed orders at other stages, such as issuing process, remanding the accused to custody, framing of charges, passing over to next stages in the trial.... {Para 12}

(Emphasis supplied)

13. In Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi and Ors.   MANU/SC/0173/1976 : (1976) 3 SCC 736, this Court held that it is not the province of the Magistrate to enter into a detailed discussion on the merits or demerits of the case. It was further held that in deciding whether a process should be issued, the Magistrate can take into consideration improbabilities appearing on the face of the complaint or in the evidence led by the complainant in support of the allegations. The Magistrate has been given an undoubted discretion in the matter and the discretion has to be judicially exercised by him. It was further held that once the Magistrate has exercised his discretion, it is not for the High Court, or even this Court, to substitute its own discretion for that of the Magistrate or to examine the case on merits with a view to find out whether or not the allegations in the complaint, if proved, would ultimately end in conviction of the accused.

14. In Dy. Chief Controller of Imports and Exports v. Roshanlal Agarwal and Ors.   MANU/SC/0182/2003 : (2003) 4 SCC 139, this Court, in para 9, held as under:

9. In determining the question whether any process is to be issued or not, what the Magistrate has to be satisfied is whether there is sufficient ground for proceeding and not whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction, can be determined only at the trial and not at the stage of inquiry. At the stage of issuing the process to the accused, the Magistrate is not required to record reasons.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 612 of 2012 

Decided On: 04.04.2012

Bhushan Kumar and Ors. Vs. State (NCT of Delhi) and Ors.

Hon'ble Judges/Coram:

P. Sathasivam and Jasti Chelameswar, JJ.

Author: P. Sathasivam, J.

Citation: 2012 INSC 164, MANU/SC/0297/2012

Print Page

Supreme Court: Precaution to be taken by the court while passing order of issue process against in- laws of wife for prosecution U/S 498A of IPC

Recently, in K. Subba Rao v. The State of Telangana   MANU/SC/0880/2018 : (2018) 14 SCC 452, it was also observed that:

6. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. {Para 17}

18. The above-mentioned decisions clearly demonstrate that this Court has at numerous instances expressed concern over the misuse of Section 498A Indian Penal Code and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the Accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this Court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.

19. Coming to the facts of this case, upon a perusal of the contents of the FIR dated 01.04.19, it is revealed that general allegations are levelled against the Appellants. The complainant alleged that 'all Accused harassed her mentally and threatened her of terminating her pregnancy'. Furthermore, no specific and distinct allegations have been made against either of the Appellants herein, i.e., none of the Appellants have been attributed any specific role in furtherance of the general allegations made against them. This simply leads to a situation wherein one fails to ascertain the role played by each Accused in furtherance of the offence. The allegations are therefore general and omnibus and can at best be said to have been made out on account of small skirmishes.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 195 of 2022

Decided On: 08.02.2022

Kahkashan Kausar and Ors. Vs. State of Bihar and Ors.

Hon'ble Judges/Coram:

S. Abdul Nazeer and Krishna Murari, JJ.

Author: Krishna Murari, J.

Citation: 2022 INSC 163, MANU/SC/0163/2022,(2022) 6 SCC 599

Print Page

Determining "No Legal Evidence" or "Manifestly Inconsistent Evidence": Test, Method, and Its Application by a Session Judge in Criminal Revision Against an Order of Issue of Process

 I. The Nature of the Test

The inquiry into whether there is "no legal evidence" or evidence "manifestly inconsistent" with the accusation is not an exercise in weighing credibility, reliability, or sufficiency of evidence. It is a threshold, objective screening of what is placed on the record — distinct from trial adjudication. The court asks only whether any evidence touching the offence exists at all, or whether the material on record is irreconcilably self-contradictory — never whether existing evidence is convincing or likely to result in conviction.

II. Governing Legal Standard 

Print Page

No Legal Evidence, No Process: A Session Judge's Compass for Deciding Criminal Revisions Against Orders Issuing Process

 The Core Idea in One Line

An order issuing process cannot survive revision if it rests on no admissible, relevant material connecting the accused to the offence — but a Sessions Judge examining that question in revision must look only at the record that was before the Magistrate, and must never reweigh or reappraise the evidence found there.

What Counts as "Legal Evidence"

"Legal evidence" is admissible material — recognized as such under the Evidence Act — bearing a rational, probative connection to an ingredient of the offence charged. It is not simply anything appearing in the case file. Four elements define it:

Print Page