Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Case name: Shiv Jatia versus Gian Chand Malick.
Criminal Appeal No. 776 of 2024.
Citation: 2024 INSC 142.
Casual Issuance of Summons Unjustified, Requires Thoughtful Consideration
1. Supreme Court's Position
The Supreme Court ruled that a Magistrate cannot issue a summon without a police report under Section 202 of the Code of Criminal Procedure.
2. Overturning High Court's Verdict
The Supreme Court reversed the High Court's decision, emphasizing that the Magistrate should wait for the police report before issuing process against the accused.
3. Oka J.'s Judgment
Justice Oka stated that the Magistrate should have waited for the police report after recording the evidence and reviewing the documents.
4. Preconditions for Summons
The Supreme Court clarified that a summon can only be issued if the Magistrate is satisfied with the material to pass the summoning order.
5. Impact of Issuing Summons
The court noted that issuing a summon has severe consequences and should not be done without careful consideration.
6. Case Background
The observations were made during a criminal appeal by the accused against the High Court's refusal to quash the summon issued by the Magistrate.
7. Involved Parties
The appellant is a Gas Supplier Company, and the respondent is a Distributor Gas Company.
8. Dispute Details
The dispute arose when the Magistrate issued summons to the appellant based on a complaint lodged by the respondent.
9. Appellant's Claims
The appellant argued that the summoning order was illegal as there were no allegations against them about any offence.
10. Contractual Relationship
The appellant argued that there was no contractual relationship between them and the complainant.
11. Commercial Dispute
The Supreme Court agreed with the appellant, stating that the dispute was of a civil nature arising out of a commercial transaction.
12. No Case Against Appellants
The court concluded that no case was made against the appellants based on the complaint and evidence
13. Abuse of Law
The court stated that continuing the complaint would amount to an abuse of the process of law.
14. Quashing of Criminal Case
The Supreme Court quashed the pending criminal case against the appellant, terming the Magistrate's summons order as inappropriate.
