When Magistrate Summons Police Report, Issue Of Process Must Be Postponed: SC

The Supreme Court of India has recently held that when magistrate summons police report under Section 202 of the Criminal Procedure Code 1973, he must postpone the issue of process.

Bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan heard an appeal preferred by a proposed accused against whom a complaint under Section 200 of CrPC was made before the magistrate. The offences alleged in the said complaint were under Sections 420, 406, 467, 468 and 472 read with Section 120B of the Indian Penal Code, 1860 and Section 13 of the Essential Commodities Act, 1955.

The appellants had filed an application under Section 482 of the CrPC to quash summons issued by the Magistrate. However, the High Court refused to allow the said plea.

After examining the witnesses, the Magistrate held that for proper adjudication of the case, it was necessary to send the complaint to the jurisdictional police station for investigation in accordance with Section 202 of the Cr.PC. According to the case made out by the appellant, a report under Section 202 of the Cr.PC was never submitted by the Police, and without waiting for the said report, the learned Magistrate passed the summoning order.

The Court opined that after recording the evidence of the three witnesses and perusing the documents on record, when the Magistrate passed the order calling for the report under Section 202 of the Cr.PC, he ought to have waited until the report was received.

The Court observed that, "The order issuing process has drastic consequences. Such orders require the application of mind. Such orders cannot be passed casually. Therefore, in our view, the learned Magistrate was not justified in passing the order to issue a summons."

The Court also held that the instant controversy pertained to a civil dispute and was not of criminal nature.

The appeals were henceforth allowed by the Apex Court.