Search Results Page
Search Results
1 - 10 of 23 (0.34 seconds)Mohinder Singh vs Gulwant Singh And Others on 17 December, 1991
21. The aforesaid view was reiterated
in Mohinder Singh v. Gulwant Singh [(1992) 2
SCC 213 : 1992 SCC (Cri) 361] in the following
words: (SCC p. 217, para 11)
"11. ... The scope of enquiry
under Section 202 is extremely
restricted only to finding out the
truth or otherwise of the allegations
made in the complaint in order to
determine whether process should
issue or not under Section 204 of the
Code or whether the complaint
should be dismissed by resorting to
Section 203 of the Code on the
footing that there is no sufficient
ground for proceeding on the basis
of the statements of the complainant
and of his witnesses, if any. But the
enquiry at that stage does not partake
the character of a full-dress trial
which can only take place after
process is issued under Section 204
of the Code calling upon the
proposed accused to answer the
accusation made against him for
adjudging the guilt or otherwise of
the said accused person. Further, the
question whether the evidence is
8 M.Cr.C.No.8052/2024
adequate for supporting the
conviction can be determined only at
the trial and not at the stage of the
enquiry contemplated under Section
202 of the Code. To say in other
words, during the course of the
enquiry under Section 202 of the
Code, the enquiry officer has to
satisfy himself simply on the
evidence adduced by the prosecution
whether prima facie case has been
made out so as to put the proposed
accused on a regular trial and that no
detailed enquiry is called for during
the course of such enquiry."