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CRPC Secs 190,482

Bhakta Hari Mohanty v.Bishnu Charan Swain.( (2013) 54 OCR 143)

M.M.Das , J.

Issue

Taking of Congizance and issuance of process –No prima facie case –Held, proceeding should be
nipped at the bud to prevent abuse of process of the Court.

With regard to exercise of inherent power of this Court under Section 482 Cr. P.C., it is now well settled that an order taking cognizance of any offence or issuing process, where absolutely no prima facie case is made out against the accused persons, amounts to abuse of the process of law and should be nipped at the bud, as otherwise the same would tantamount to abuse of the process of the court.
The Supreme Court, in the case of M/s. PEPSI Foods v. Special Judicial Magistrate and others, AIR 1998 SC 128 has expressed its view that summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion, as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegation in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of the allegation made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing the charge home against the accused.