prima facie
case is made out against the accused to issue process so that the issue of
process is prevented on a complaint which ... illustration in which cases an order of the
Magistrate issuing process can be quashed on such case being "where the
allegations made
accused.
(c) Where the discretion exercised by the Magistrate in
issuing process is capricious and arbitrary having been
based either on no evidence ... aside the order of the Additional Judicial Magistrate,
First Class, Gokak issuing process against respondents 1 & 2
in exercise of his discretion under
issue whether it was necessary for
the trial court to record reasons while issuing process came to be examined
again, and this Court held ... examine all issues independently, within the four corners of law, without
being influenced by the reasons recorded in the order issuing process. In
the circumstances
merely
because the Court took time in taking cognizance or in
issuing process.
39. In Zain Sait v. Intex-Painter ... Magistrate invariably takes cognizance of
offences only when he decides to issues process
against the accused under Section 204 of the Code.
Therefore
followed the
procedure for taking cognizance of the case and issuing
process to the accused after the police had sent a 'B'
report ... opinion there is sufficient
ground for proceeding he may issue process under Section
264 . If, however, the Magistrate thinks fit, he may postpone
the issue
offence, there is sufficient
ground for proceeding, the Magistrate has to issue process
under Section 204(1) of CrPC for attendance of the accused ... taken. Register the case. Issue
summons to the accused”. It was held that “at the stage of
issuing the process to the accused, Magistrate
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
complaint.
15. It is well-settled that at the stage of issuing process, the
Magistrate is mainly concerned with the allegations made in the
complaint ... offence on complaint is taken for the
purpose of issuing process to the accused. Since it is a process
of taking judicial notice of certain
were sufficient grounds for proceeding against
the accused and ordered to issue process against the sixteen
accused and the High Court held that ... irregularity in the
procedure followed by the Magistrate in issuing process against
the respondents. The learned senior counsel submitted that
respondents
otherwise than on a police report, it appears to
the Magistrate issuing process under section 204 that the
offence is triable exclusively by the Court ... person accused of committing an offence then he is required to
issue process. Section 202 empowers the Magistrate to postpone the issue of
process
