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Smart Summary

Factual and Procedural Background

This petition arises from a recommendation by Shri S.C. Chaturvedi, Additional Sessions Judge, Delhi, made in the exercise of powers under section 438 of the Criminal Procedure Code (referred to in the opinion). The petitioner had filed a complaint dated 20 May 1972 against six persons. After recording the statements of the complainant and the witnesses produced by him, the trial court purported to act under sections 203 and 204 of the Code and passed an order on 6 June 1972 stating that there were sufficient grounds to proceed against three named accused (Smt. Shakuntla, Mangander Singh and Bodh Raj) under section 493 read with section 34 IPC, and summoning those three accused for appearance on 7 July 1972.

Legal Issues Presented

  1. Whether the magistrate's order of 6 June 1972 complied with the mandatory requirements of section 203 of the Code to record brief reasons when dismissing a complaint or, by implication, not proceeding against some accused.
  2. Whether the magistrate's order complied with the requirements of section 204 of the Code in manifesting the sufficient grounds for proceeding against particular accused persons.
  3. Whether a composite order combining aspects of sections 203 and 204 is permissible and, if so, what the magistrate must state in such an order to avoid arbitrariness.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court analysed the statutory language of sections 203 and 204 of the Criminal Procedure Code as follows:

  • Section 203 requires that when a magistrate, after considering the complainant's statement on oath, witnesses and any investigation under section 202, finds there is no sufficient ground for proceeding, the magistrate may dismiss the complaint but must briefly record his reasons for doing so.
  • Section 204(1) contemplates that if the magistrate finds sufficient ground for proceeding and the case is one for summons (as per the schedule), the magistrate shall issue summons; if a warrant is appropriate the magistrate may issue a warrant or, if he thinks fit, a summons.
  • Where a complaint is made against several persons, an order that proceeds against some but not others (or proceeds in respect of some offences but not others) amounts effectively to a dismissal with respect to those persons or offences left out; in such circumstances the requirement in section 203 to state brief reasons applies to explain why no proceedings are initiated against them.
  • The magistrate may pass a composite order that falls under both sections 203 and 204, but the order must manifest the sufficient grounds for proceeding against any accused; law does not permit arbitrary or non-judicial orders. Arbitrariness would indicate a failure to adopt a judicial approach.
  • The impugned order of 6 June 1972 was found not to comply with the obligations imposed by sections 203 and 204 because it did not attend to the requirement of recording brief reasons where required and did not make manifest the sufficient grounds for initiating proceedings against the named accused.

On that basis the court directed the learned magistrate to attend to the quoted statutory requirements and to pass an appropriate order. The court also directed that the complainant and the accused already summoned would attend before the magistrate on 16 April 1973 (the date already fixed).

Holding and Implications

PETITION ALLOWED; PETITION DISPOSED OF.

Direct consequences:

  • The impugned order of 6 June 1972 was found non-compliant with sections 203 and 204 of the Code and the magistrate was directed to reconsider the matter and pass an appropriate, legally compliant order that records required reasons and manifests sufficient grounds where proceedings are initiated.
  • The complainant and the accused already summoned were ordered to attend before the magistrate on 16 April 1973 as previously fixed.

The opinion does not discuss or announce any broader doctrinal implications or new precedent beyond the application of the statutory requirements in the facts of this case.

    Udey Bir Singh v. Shakuntla Devi Etc

    P.S Safeer, J.:— This petition is in consequence of a recommendation made by Shri S.C Chaturvedi, Addl. Sessions Judge. Delhi in exercise of the power given by section 438 of the Criminal Procedure Code, hereafter called the Code.”

    2. The petitioner filed a complaint dated the 20th May, 1972, against six persons.

    3. After having recorded the statements of the complainant and the witnesses produced by him the trial court purporting to act under sections 203/204 of the code passed the following order on the 6th of June, 1972:—

    “Complainant present in person with counsel. After hearing the counsel for the complainant and also after taking into consideration the evidence adduced by him at this stage. I am of the opinion that there are sufficient grounds to proceed against Smt. Shakuntla, Mangander Singh and Bodh Raj under section 493 read with 34 ipc Accordingly these three accused persons on summoned for the next date on payment of P.F.C fixed for appearance on 7ta July, 1972″

    4. Section 20 of the Code and section 204 (l) therein, are:—

    “S. 203. The Magistrate before whom a complaint is made or to whom it has been transferred, may dismiss the complaint, if, after considering the statement on oath (if any) of the complainant and the witnesses and the result of the investigation or inquiry (if any) under section 202, there is in his judgment no sufficient ground for proceeding. In such case be shall briefly record his reasons for so doing.

    S. 204 (1). If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding and the case appears to be one in which according to the fourth column of the second schedule, a summons should issue in the first instance he shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, he may issue a warrant, or, if he thinks fit, a summons, for causing the accased to be brought or to appear at a certain time before such Magistrate or (if he has not jurisdiction himself) some other Magistrate having jurisdiction.”

    5. Whenever Magistrate after considering the statement on oath, if any, of the complainant and the statements of him witnesses and the result of investigation or inquiry, if any; made under section 202 of the code finds that there is in his judgment no sufficient ground for proceeding with the complaint he can dismiss the same but the imperative requirement is that he shall briefly record his reasons for doing so.

    6. Where a complaint is preferred against several persons and the order passed amounts to the dismissal thereof against some of them it must contain brief reasons for not proceeding against such of the aicus-ed persons against whom no order is passed under section 204 (i) of the code. Where a complaint is brought alleging that several offences have been committed by the accused persons and the Magistrate finds sufficient grounds for proceedings against all of them or some of them in respect of some of the offences, his order will amount to a dismissal of the complaint against such persons in respect of other offences. In that case, aslo the provisions of section 203 of the Code will come into play and the Magistrate will have to state brief reasons as to why he considers that there is no sufficient ground for proceeding against the accused persons for the offences for which no “action is initiated against them.

    7. The Magistrate can pass a composite order which may be covered both by sections 203 and 204 of the Code. A consideration the opening part of section 204 of the code persuades me that for proceeding against any accused person the Magistrate must make manifest in his order the sufficient grounds which may have led to his opinion that the proceedings should be initiated. Law does not warrant any arbitrary order under either of the two provisions. Arbitrariness would be the incident of a non judicial approach.

    8. The impugned order made on the 6th of June, 1972 does not attend to the obligations imposed by section 203 and 204 of the Code. The learned Magistrate dealing with the complaint is directed to attend, to the requirements of the afore-quoted provisions and to pass an appropriate order. The complainant and the accused already summoned will attend before the Magistrate on the 16th of April, 1973, the date already fixed.

    9. With these observations, the petition is disposed of.

    10. Petition allowed.

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    Comments

    Udey Bir Singh v. Shakuntla Devi Etc
    (Mar 26, 1973)