| Manohar Lal Sharma v. Prem Lata (1973) 9 D.L.T (1) |
Held that an order under section 204 must be speaking to show that the magistrate applied judicial mind; used to support the view that reasons should be recorded. |
The opinion treats this case as one of the authorities supporting the requirement of a speaking order and discusses other cases that followed its dictum. |
| Mubark (Mukarb) Karim v. Bundu, (1973) 9 D.L.T 318 |
Held that an order under section 204 must state sufficient grounds and be a speaking order, so that judicial exercise of discretion is manifest and open to scrutiny. |
The opinion recounts Safeer, J.'s reasoning in this case and places it on the side of authorities requiring speaking orders under section 204. |
| Udey Bir Singh v. Smt. Shakuntla Devi, (1973) 9 D.L.T 382 |
Followed the view that a speaking order is necessary under the relevant provisions (aligned with Mubark Karim / Manohar Lal). |
Noted as one of the cases taking the same view that speaking orders are required under section 204. |
| Lakshmi and another v. State (Cr. R. 75 of 1974) |
Accepted the Additional Sessions Judge's recommendation to set aside magistrate's order on ground of arbitrariness and lack of disclosure that judicial mind was applied; relied on Manohar Lal Sharma. |
Recounted as another decision accepting the speaking-order requirement in practice. |
| R.N. Bhalla v. Chatur Sain Gupta (Cr. R. 303 of 1970) |
Held that a magistrate need not give reasons for issuing process under section 204; failure to give reasons is at most irregularity and does not go to root. |
Referred to as authority taking the opposite view that speaking order is not required under section 204. |
| M.P. Chauhan v. Nirmal Kumari Chauhan (Cr. R. 104 of 1972) |
Ansari, J.'s prior view that a magistrate is not required to pass a speaking order under section 204. |
Noted as an instance of the contrary line of decisions. |
| K.M. Misra v. The State (Cr. R. No. 305 of 1971) |
With reference to Section 20A (Food Adulteration Act), required showing that evidence produced was considered; used by Safeer, J. as guidance. |
Cited as earlier authority where requirement of showing consideration of evidence was held sufficient even without detailed discussion. |
| Mittar Sain etc. v. Ram Chander (Cr. R. 277 of 1973) |
An order under section 204 was challenged as made without applying the court's mind; Aggarwal, J. found prima facie case and dismissed petition. |
Shown as an example where challenge failed despite lack of speaking order. |
| Banarsi Lal Sachdeva and others v. Raj Rani (Cr. R. No. 85 of 1974) |
Endorsed Manohar Lal's principle but observed that 'speaking order' need not be elaborate; application of mind may be inferred from the way a magistrate considered material. |
Used to illustrate a moderate position: speaking order need not be verbose, application of mind can be inferred. |
| Madhya Pradesh Industries Ltd. v. Union of India and others (AIR 1966 S.C. 671) |
General principle that reasons help prevent abuse of power and subject orders to judicial scrutiny; required reasonable exposition of reasons by revisional or appellate authority. |
Quoted for policy support that reasons are valuable; Court noted the case concerned revision by executive tribunal and did not prescribe a particular scale of reasons. |
| Hafizar Rahman v. Aminal Hoque (AIR 1941 Calcutta 185) |
Held it is not necessary that the reasons under section 204 should be recorded; presumed magistrates perused available documents and reached opinion without recording reasons. |
Placed on the side of authorities holding speaking order not required; Court quoted the decision with that effect. |
| Debendra Nath Bhattacharyya & others v. State of West Bengal (AIR 1972 S.C. 1607) |
Explained that magistrate under section 203 may consider merits to determine sufficient ground for proceeding; test is existence of prima facie case assuming evidence may be true. |
Relied on as Supreme Court guidance about the standard for issuing process (prima facie, not weighing merits for conviction). |
| Vadilal Panchal v. Dattatraya Dulaji Ghadigaonkar & another (AIR 1960 S.C. 1113) |
Interpreted section 203: judgment must be based on statements of complainant/witnesses and result of inquiry. |
Quoted as foundational Supreme Court guidance on magistrate's duty to apply mind under section 203; used to contrast sections 203 and 204. |
| Pramatha Nath Talukdar v. Saroj Ranjan Sarkar (AIR 1962 S.C. 876) |
Noted that magistrate must apply mind to the materials and form judgment whether there is sufficient ground. |
Quoted alongside other Supreme Court authorities to show the general rule that application of mind is required. |
| Nirmaljit Singh Hoon v. The State of W.B. (AIR 1972 S.C. 2639) |
Held the examination under S.200 aims to find a prima facie case; process cannot be refused unless preliminary evidence is self-contradictory or intrinsically untrustworthy. |
Used to emphasize that prima facie satisfaction requires only that evidence be credible enough to proceed, not that conviction is indicated. |
| Chandro Deo Singh v. Prokash Chandra (AIR 1963 S.C. 1430) |
Stated that where there was prima facie evidence, even if the accused had a defence, issuance of process was appropriate. |
Quoted for support of the rule that prima facie evidence suffices to proceed to trial. |
| Bankabehari Modi & others v. Ramawatar Saha (1967) I.L.R. Cuttack Series page 73 |
Observed that sections 203 and 204 must be read as supplementary though the standard of satisfaction differs between them. |
Used by the Court to support the statutory distinction between dismissal under section 203 and issuance of process under section 204. |
| State of Bihar v. Ram Naresh Pandey & another (AIR 1957 S.C. 389) |
Treated committal order as a 'judgment' because it terminated proceedings of the inquiring court. |
Quoted in the textual discussion on meanings of 'judgment' vs 'opinion' in the Code. |
| Inderjit Kumar v. State and another (Cr. R. No. 3 of 1972) |
Found that if an order clearly shows that evidence was considered and the court mentions it was satisfied, absence of detailed discussion does not make the order illegal (in context of Sec.20A PFA Act). |
Referred to by the Court as supporting the idea that explicit long reasons are not always necessary where consideration is apparent. |
| Som Dutt v. Union of India (AIR 1969 S.C. 414) |
Held there is no absolute principle that statutory tribunals must always give reasons; depends on statutory requirement and context. |
Quoted to show that the duty to give reasons is not universally mandated absent statutory or necessary implication. |
| John Martin v. State of Bengal (Writ Petition No. 467 of 1974) |
In context of preventive detention under MISA, held that absence of disclosed reasons does not necessarily invalidate action where real and proper consideration is shown. |
Quoted as an example where Supreme Court held speaking reasons were not always required if evidence of proper consideration exists. |
| Dr. Hori Ram Singh v. Emperor (AIR 1939 Federal Court 43) |
Held that 'judgment' in Cr.P.C. means a judgment of conviction or acquittal (used on meaning of 'judgment'). |
Quoted in the discussion distinguishing 'judgment' from 'opinion' in the statutory language. |
| S. Kuppuswami Rao v. The King (1949 F.C. 1) |
Observed that 'judgment' indicates a decision on merits and cannot cover preliminary or interlocutory orders. |
Referred to in construing terminology used in sections 203 and 204. |