Magistrate shouldn't summon accused without specific allegations: SC
New Delhi: A magistrate should not summon an accused unless there are specific allegations, the Supreme Court said on Monday while dismissing an appeal by a complainant challenging quashing of summons by a high court in a criminal case. The top court said that the magistrate has to record satisfaction about a prima facie case against an accused to summon him in a court. "Issuing summons/process by the Court is a very serious matter and therefore unless there are specific allegations and the role attributed to each accused more than the bald statement, the Magistrate ought not to have issued the process," a bench of Justices M R Shah and A S Bopanna said.
The observations came while deciding an appeal by a man who had lodged a complaint against a company, its director, and other functionaries alleging offences punishable under Sections 406 (criminal breach of trust), 418 (Cheating with knowledge that wrongful loss), 420 (cheating), 427 ( Mischief causing damage to the amount of fifty rupees), 447 (criminal trespass), 506 ( criminal intimidation) and 120B (criminal conspiracy) read with Section 34 (common intention) of Indian Penal Code
The trial court issued the process against the accused. Later, the sessions court set aside the order, and the same was upheld by the High Court.
The apex court said an accused cannot be held vicariously liable unless there are specific allegations and averments against the person.
The top court in its judgement said the order passed by the Magistrate issuing the process against the accused, there does not appear that the learned Magistrate has recorded his satisfaction about a prima facie case. Merely because respondent Nos. 2 to 5 and 7 & 8 are the Chairman/Managing Director/Executive Director/Deputy General Manager/Planner & Executor, automatically they cannot be held vicariously liable, unless, as observed hereinabove, there are specific allegations and averments against them with respect to their
individual role.
