Legal Shorts: SC:Magistrate not to consider defence version or materials or arguments, nor required to evaluate the merits.

Ss. 204 and 190 Cr.P.C 1973 – Issuance of process – Summoning of accused – Matters to be considered by Magistrate – Consideration of defence version – At the stage of cognizance and summoning the Magistrate is required to apply his judicial mind only with a view to take cognizance of offence – At this stage Magistrate is not required to consider the defence version or materials or arguments nor is he required to evaluate the merits of the materials or evidence of the complainant.

Sonu Gupta Vs. Deepak Gupta.

(2015) 3 SCC 424 : (2015) 2 SCC (Cri) 265 : (2015) 148 AIC 113.
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