Duty of Magistrate in Recording Reasons While Issuing Summons Cannot be Marginalized: Allahabad HC
Duty of Magistrate in recording reasons while issuing summons cannot be marginalized as emphasized by the Allahabad High Court
1. Role of Magistrate in Issuing Summons:
Under Criminal Procedure Code (CrPC), when a complaint or charge-sheet is filed, the Magistrate has to examine the case and decide whether to issue summons to the accused to appear and answer the allegations.
This is a preliminary judicial exercise to determine if there is sufficient ground to proceed against the accused.
Issuing summons is not a mere formality or a routine step, but a significant judicial act that starts the trial process.
2. Importance of Recording Reasons:
The Magistrate must record clear and valid reasons before issuing summons.
This serves two important purposes:
Transparency and Accountability: Reasons show that the Magistrate has applied mind and not acted mechanically.
Safeguard Against Abuse: It protects the accused from frivolous or baseless prosecution.
Without recording reasons, the summons may be perceived as arbitrary or unjustified, undermining the accused’s right to fair treatment.
3. Marginalizing the Duty is Not Permissible:
The Allahabad High Court has underscored that the duty to record reasons cannot be sidelined or marginalized.
Courts must be vigilant to ensure Magistrates conscientiously discharge this duty.
Failure to do so can result in quashing of summons or proceedings.
4. Judicial Review of Summons:
Higher courts have the power to scrutinize the Magistrate’s order issuing summons to ensure proper judicial exercise.
If reasons are absent, vague, or incorrect, summons can be set aside.
Relevant Case Laws:
1. State of Rajasthan vs. Kashi Ram, (2006) 12 SCC 254
The Supreme Court held that the Magistrate must apply judicial mind and record cogent reasons before issuing summons.
The decision must be based on prima facie material indicating commission of an offense.
2. Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273
While dealing with arrest, the Supreme Court emphasized the need for judicial safeguards at every stage.
Similarly, recording reasons while issuing summons ensures fair trial.
3. Hari Ram Yadav vs. State of UP, AIR 1999 SC 1907
The Court held that magistrates should not act mechanically and must record reasons reflecting application of judicial mind when issuing summons.
4. Allahabad High Court — Shyam Sunder v. State of U.P. (2007)
The Court stressed that non-recording or vague recording of reasons by Magistrate undermines the very foundation of criminal justice.
It reiterated that reasons must be clear, specific, and based on facts.
5. Jagdish Singh vs. State of Punjab, AIR 1995 SC 1182
Supreme Court held that Magistrates must ensure the allegations are not frivolous or vexatious before issuing summons.
Summary:
| Principle | Explanation |
|---|---|
| Judicial Function | Issuing summons is an important judicial act requiring application of mind. |
| Duty to Record Reasons | Magistrate must record clear and cogent reasons based on prima facie evidence. |
| No Marginalization | This duty cannot be ignored or treated as a formality. |
| Safeguard for Accused | Protects accused from arbitrary prosecution. |
| Judicial Review | Higher courts can quash summons if reasons are not properly recorded. |
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