AIR 1976 SUPREME COURT 1947 ::1976 Cri App R (SC) 189 ::(1976) 3 SCC 736 ::1976 AllCriC 224 ::1976 SCC(Cri) 507 ::1976 MadLJ(Cri) 593 ::1976 (2) KantLJ 1 ::1976 2 SCJ 458 ::(1976) 2 SCWR 1 ::1976 SC Cri R 313 ::ILR (1976) Kant 1199

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): A. C. Gupta, S. Murtaza Fazal Ali , JJ

Criminal P.C. (2 of 1974) , S.401, S.204, S.202— Revision - Powers of High Court - Inquiry under Section 202 - Scope of - Issue of process under Section 204 - Consideration by Magistrate - Order issuing process, when can be set aside in revision. Cri. Petns. Nos. 50 and 51 of 1975 D/- 16-12-1975 (Karnataka), Reversed. At the stage of issuing process the Magistrate is mainly concerned with the allegation made in the complaint or the evidence led in support of the same and he is only to be prima facie satisfied whether @page-SC1948 there are sufficient grounds for proceeding against the accused. It is not the province of the Magistrate to enter into a detailed discussion of the merits or de-merits of the case nor can the High Court go into this matter in its revisional jurisdiction which is a very limited one.(Para 2) The scope of the inquiry under Section 202 is extremely limited - only to the ascertainment of the truth or falsehood of the allegations made in the complaint - (i) on the materials placed by the complainant before the Court; (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made out; and (iii) for deciding the question purely from the point of view of the complainant without at all adverting to any defence that the accus....