Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 190 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.190 — Matrimonial dispute — Complaint of dowry harassment by appellant-wife — Subsequently withdrawn and settlement between the couple — In the instant complaint, allegation of wife that earlier letter of complaint which was withdrawn by her was tampered and a photocopy of such undated complaint was got registered by respondents-husband and in-laws with the help of some police Officials and an FIR filed at their instance portraying that it was filed by the appellant — The accusation of the appellant was that the said FIR was neither filed by her nor signed by her and it facilitated her husband and his relations to obtain anticipatory bail in the dowry case filed by her — CID investigation in favour of appellant - Summoning orders ~ High Court set aside summoning orders and remitted the matter to the Magistrate requiring the appellant to produce alleged documents which could prove forgery — Held: Magistrate committed no error in summoning the accused persons — At the stage of cognizance and summoning, the Magistrate is required to apply his judicial mind only with a view to take cognizance of the offence, or to find out whether prima facie case was made out for summoning the accused persons — At this stage, the Magistrate is not required to consider the defence version ‘or materials or arguments nor he is required to evaluate the merits of the materials or evidence of the appellant, because the Magistrate must not undertake the exercise to find out at this stage whether the |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2015 INSC 104 |
Petitioner | Sonu Gupta |
Respondent | Deepak Gupta & Ors. |
SCR | [2015] 1 S.C.R. 1069 |
Judgement Date | 2015-02-11 |
Case Number | 285-287 |
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