court to apply
its mind judicially even before deciding to issue process.
g. There was no period of limitation under ... court to
judicially determine whether a case is made out for issuing process.
When it is said that court issued process, it means the court
satisfied that there are sufficient grounds for
proceeding further, he can issue process to the accused.
The Magistrate can postpone the issue of process ... Section 203 / 204 Cr.P.C while
taking cognizance and issuing process to satisfy itself that
there is "sufficient ground for proceeding" against
Magistrate after recording evidence finds a prima facie
case, instead of issuing process to the accused, he is
empowered to direct the concerned police ... empowered to take
cognisance of the offence and would issue process to the
accused.
5. In this case, the petitioner had not adopted either
complaint and the
witnesses by order dated 08.06.2010 ordered to issue process against the
accused after taking cognizance for the offence under Section ... under the definition of complaint to be proceeded to take
cognizance, issue process. Reliance has been placed upon a decision in the
case of Rameshwar
order dated 18.3.2011, itself confined to the issue, whether the Magistrate has power to issue process to the accused applicant after considering closure report ... independently all the issues within four corners of law without being influenced by the reasons recorded in the order issuing process. This is the responsibility
passed thereon by the
learned Judicial Magistrate, First Class, Bhokardan, issuing
process requiring the applicant and the said other accused to
appear and answer ... inherent
powers, praying that the said complaint and the order issuing
process be quashed and set aside.
2. The facts leading to the filing
Complaint
No.817 of 2007, dtd.10/10/2007 directing to issue process against the
petitioner for the offences
punishable under sections ... learned Magistrate has committed an error and/or
illegality in issuing process/summons against the petitioner
for the offences punishable under sections
cancellation report, took cognizance of the offence and later passed
order issuing process to the petitioners for facing trial under Sections ... mind by a Magistrate issuing process, which has been repeatedly
delineated by the Hon'ble Supreme Court and for the first time
examined
whether or not a prima facie case for issue of process has been made
out, therefore in other words whether or not there is sufficient ... above mentioned.
Section 202 Cr.P.C
202. Postponement of issue of process.
(1) Any Magistrate, on receipt of a complaint of an of-
fence
497A read with sections 120B & 34 IPC & to issue process . In support of the complaint, the statement of Anees Aravindakshan (opposite party ... investigation as contemplated under amended section 202 Cr.P.C. before issuing process hence the learned Magistrate was directed to pass fresh orders after complying
