It is true that at the stage of issuance of process under
Section 204 of Cr.P.C., detailed enquiry regarding merit or demerit
of the cases is not required. It is also true that the proposed
accused cannot participate at this stage before the Magistrate. But
then there is a duty and responsibility of the Magistrate to find out
whether there is a legal evidence or materials to form an “opinion”
and existence of “sufficient ground” which are the key words used
in Section 204 of Cr. P. C. before making an order of issuance of
process. Summoning an accused is a serious matter with serious
consequences on the reputation and status of a person and
criminal law cannot be set in motion as a matter of course. It is
the duty of the Magistrate to examine whether the complaint is
based under any law or whether there is any settled legal position
qua the allegations in the complaint. In this case, the trial Judge
did not advert to provisions of the Cinematograph Act or decision
in the case of Raj Kapoor..vs..Laxman, AIR 1980 SC 605.In the light of the above pronouncement by the apex
Court and in the light of the fact that the trial Judge had hardly
applied its mind to the settled law and the provisions of the
Cinematograph Act interpreted by the Supreme Court before
issuing the order of process coupled with the fact that non
applicant no.2 also did not place the entire material before the
Court including the legal position as set out above and obtained
the order of issuance of process, I am satisfied that this Court
would be failing in its duty if the revisional power is not exercised
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL REVISION NO.140/2015
Mallika Sherawat alias Reema Lamba,
aged years, Occ. Film Actress,
r/o Bandra East, Mumbai.
V
State of Maharashtra,
CORAM: A. B. CHAUDHARI, J.
DATED : 29.10.2015
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