PRABHU DUTT TIWARI versus THE STATE OF UTTAR PRADESH & ORS.

PRABHU DUTT TIWARI versus THE STATE OF UTTAR PRADESH & ORS.

At the summoning stage, the Magistrate's satisfaction regarding sufficient grounds to proceed is adequate; appreciation of evidence to determine guilt is not required. The High Court interfered prematurely and wrongly with the summoning order.

Parties
Appellant: Prabhu Dutt Tiwari; Respondents: The State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
07 December 2017
Procedural Posture
Criminal Appeal / Appeal From High Court's Order Quashing Summoning Order
Outcome
appeal allowed
Legal Topics
Summoning of Accused, Private Complaint, Quashing of Summoning Order
Criminal Law Summoning of Accused Private Complaint Quashing of Summoning Order

Case Brief

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Parties

Prabhu Dutt Tiwari

Appellant

The State of Uttar Pradesh & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court's Order Quashing Summoning Order

Legal Issues

  1. 1 Whether at the stage of summoning the Magistrate must be satisfied only that there is sufficient ground to proceed against the accused
  2. 2 Whether the High Court was correct in interfering with the Magistrate's summoning order

Ratio Decidendi

At the summoning stage, the Magistrate's satisfaction regarding sufficient grounds to proceed is adequate; appreciation of evidence to determine guilt is not required. The High Court interfered prematurely and wrongly with the summoning order.

Court Disposition

appeal allowed

Orders

  • Impugned order of High Court set aside
  • Respondents to appear before trial court within one month