NIRMALJIT SINGH HOON versus THE STATE OF WEST BENGAL AND ANR.

NIRMALJIT SINGH HOON versus THE STATE OF WEST BENGAL AND ANR.

Since documentary and oral evidence produced by appellant made out a prima facie case and no finding was given by Magistrate or High Court that evidence was false or inherently unreliable, refusal to issue process was unjustified; Magistrate directed to issue process and proceed with complaint.

Parties
Appellant: Nirmaljit Singh Hoon; Respondent: The State of West Bengal; Respondent: Respondent No. 2; Respondent: Respondent No. 3; Respondent: Respondent No. 1 (Cr. A. No. 214 of 1968)
Jurisdiction
India
Judgment Date
06 September 1972
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court
Outcome
Appeal allowed regarding appellant's complaint; High Court judgment and order set aside; Magistrate directed to issue process. Appeal dismissed regarding counter complaint against appellant.
Legal Topics
Scope of Magistrate's Inquiry Under Code of Criminal Procedure, Section 156(3), 202, 204, 195(1)(c) Cr.p.c., Prima Facie Evidence for Issue of Process
Criminal Law Procedure Scope of Magistrate's Inquiry Under Code of Criminal Procedure Section 156(3), 202, 204, 195(1)(c) Cr.p.c. Prima Facie Evidence for Issue of Process

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Parties

Nirmaljit Singh Hoon

Appellant

The State of West Bengal

Respondent

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Respondent No. 1 (Cr. A. No. 214 of 1968)

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court

Legal Issues

  1. 1 Whether a prima facie case existed to justify issue of process on the appellant's complaint under ss. 120B, 406, 420 IPC
  2. 2 Scope and effect of magistrate's inquiry under s. 202 Cr.P.C.
  3. 3 Applicability of s. 195(1)(c) Cr.P.C. to alleged offences in counter complaint

Ratio Decidendi

Since documentary and oral evidence produced by appellant made out a prima facie case and no finding was given by Magistrate or High Court that evidence was false or inherently unreliable, refusal to issue process was unjustified; Magistrate directed to issue process and proceed with complaint.

Court Disposition

Appeal allowed regarding appellant's complaint; High Court judgment and order set aside; Magistrate directed to issue process. Appeal dismissed regarding counter complaint against appellant.

Orders

  • Chief Presidency Magistrate directed to issue process and proceed with complaint.