For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court

For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.

Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. Ravikumar and Rajesh Bindal observed that the courts below have erred in quashing the issuance of summons by entering into a mini-trial as if the findings of the conviction or acquittal was to be recorded. The Court clarified that for summoning the accused, a prima facie case made out from the allegations of the complaint is sufficient to order the issuance of summons.

As per the complaint, by producing a fake divorce decree of her first marriage on the phone, respondent no.1/woman had made the appellant/man believe that she had divorced her first husband, making her eligible to re-marry.

At the outset, the Court observed that the courts below have erred in not taking into account certain facts such as the passing of a forged decree and showing the forged copy thereof on mobile to the appellant, which makes a prima facie case under Section 420 read with Section 120-B of IPC against the respondents to issue summons to them on the allegations of the appellant.

“The Sessions Judge failed to appreciate the fact that certain events had taken place thereafter, namely, apprising the appellant about the decree of divorce having been passed and showing the forged copy thereof to him on mobile. The Learned Sessions Court has considered the revision against the summoning order as if after trial the findings of conviction or acquittal was to be recorded. It was a preliminary stage of summoning. For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant.”

The Judgment authored by Justice Rajesh Bindal observed that while quashing the summons to the respondents, the sessions court shouldn't have entered into the appreciation of evidence as if it was deciding the acquittal or conviction of the respondents.

Deprecating such an appreciation of evidence at the pre-summoning stage, the court held that a prima facie case was made out for issuing process against the respondents to face trial for the offence punishable under Section 420 read with Section 120-B, IPC, for which they were summoned.

The appeal was accordingly allowed. The impugned orders passed by the High Court and the Sessions Court were set aside and that of the Magistrate-issued summons was restored.

Counsels For Petitioner(s) Mr. Gopal Shankarnarayanan, Sr. Adv. Ms. Astha Sharma, AOR Mr. Nipun Saxena, Adv. Ms. Anju Thomas, Adv. Ms. Mantika Haryani, Adv. Ms. Aditi Gupta, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Archit Adlakha, Adv. Ms. Soumya Saxena, Adv. Mr. Aditya Raj Pandey, Adv.

Counsels For Respondent(s) Mr. Mukesh Kumar, AOR Mr. Yashaswi Sk Chocksey, Adv. Mr. Ankit Singh, Adv. Mr. Sushant Sagar, Adv.

Case Title: ANIRUDDHA KHANWALKAR VERSUS SHARMILA DAS & OTHERS

Citation : 2024 LiveLaw (SC) 332

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