TRIAL OF SUMMON CASE BY MEGISTRATE

Code Of Criminal Procedure is enacted in1973 and came into force in 1 st April 1974 it is the
main legislation which deals with the procedure of administration with the substantive
criminal law in India.

SUMMONS

Summons are served when a person is involved in a legal proceeding ,it is a document that
order a person to appear before the court against whom complaint made in the court.
Summons are send by the Megistrate under the section 204(1)(a) of Cr.P.C, 1973. Under
summon cases imprisonment do not exceed the term of two years. It is issued by the civil
court in writing or in duplicate which is signed by the presiding officer of the court or any
other officer which is decided by the High court and must have the seal of the court .
Summon cases are those cases which are not being a “warrant case”1. It must be decided
speedily as it is not that amount of serious in nature as other trial cases and must have done
without dispensing the requisites of fair trial.

DIFFERENCE BETWEEN SUMMON CASE AND WARRANT CASE

As Earlier described summon case are less serious in nature as compare to the warrant case,
the trial of summon cases are more faster then the case related to warrant. Summon case
can be converted into warrant cases by the Megistrate but it is not possible to convert a
warrant case into summon case, after the issue of summons the accused may plead guilty by
post without appearing before the Megistrate, but not such provision exists in trial of
warrant case.

TRIAL OF SUMMON -CASES BY MEGISTRATE

Chapter XX of Cr.P.C talks about the trial of summon by the magistrates, it is explained
under section 251-259.

Section 251 – Substance of allegation to the accused is explained

Person against whom allegation made is explained by the court after the accused appear
before the court, but framing of charges is not mandatory against the accused and must be
asked by the court that he is guilty or not . In case of NAYAN RAM V. PRASANNA KUMAR2
where court held that if the accused is not stated by the court about his offence that will be
remediable under Section 465 of the Code. KM MATHEW V. STATE OF KERALA3 , Here the
1
Section 2(w) of criminal procedure code, 1973
2
1953 cri LJ 1574
3
K.M Mathew v. state of kerala & Anr.(1992) 1 SCC 217
accused was the chief editor of a daily newspaper who is alleged for the case of defamation
under the section 500 of IPC 1860 and summoned by the court but no specific grounds
were their to prove the allegation and the magistrate accepted the plea and acquit the chief
editor, but later held the magistrate has no power to drop a case in absence of such
proceeding in law.

Section 252 – Conviction on the plea of guilty

In this section the magistrate asked the accused that whether he is guilty or not and this was
just after the court states the allegations against the accused and if the accused accept the
allegations which is filed against him then the court proceed the trial by recording the exact
words of the accused and convict him for further proceedings , if the accused not accept
the plea then the case is proceed with section 354.

Section 353 – Conviction on plea of guilty in absence of accused in petty cases

If the accused is absent during the trial he must send a written letter by post or messenger
that he is accepting the plea and ready to pay the amount mention in summon without
appearing before the court . Any other person or his lawyer can represent him and the court
will record the words of lawyer and further proceed the case . The magistrate can convict
the accused and order him to pay fine.

Section 354- Procedure when not convicted

The magistrate here open the case and calls the prosecution to elaborate the fact of the
case and all the circumstances related to the facts and evidences also the witness are called
by the magistrate for further proceeding of the trial, here the magistrate send summon to
the witness to appear before the court or present any other document which prove the
accuse guilty.

Megistrate also allows the accused to proof his non guilty by presenting any document in
his favour after taking the evidence of the prosecution, accused is examined by the court
under section 313 of Cr P.C .

Section 255 - Acquittal or Conviction

After taking the entire evidence by the defendant or the proceution party the magistrate
decide whether the accused is guilty or not. If not found guilty then the magistrate aqquit
him and if found guilty then the megistrate requires pass sentence according to the law.
However the magistrate can also ordrer for the admonition or probation of good conduct
under section 360 or section 325 of the code, by looking the character of the offender and
nature of the crime.
Section 256 – Non appearance or Death of complainant

On the fixed date of the appearance if the complainant does not appear in the court ,
magistrate may aquit the accused or can also adjourn the hearing of the case on another
date if found proper reason . Megistrate can also allow for aqquital to the accused if the
complainant is absent and the reason for his absence is his death . In case of S. RAMA
KRISHNA V, RAMI REDDY 4 here it was held that if the representative of the complainant
who died, did not appeared for 15 days of the given hearing date then the accused can be
aquitted by the court of law.

Section 257 – Withdrawal Of The Complaint

In this section it was said that if the complainant is able to satisfy the magistrate that he
have proper ground for withdrawing the case filed againt the accused or if there is more
then one accused and the complainant wants to withdraw the name of any before the
passing of the final order by the magistrate then the accused can be aqquited by the
magistrate.

Section 258 – Power To Stop Proceeding In Certain Cases

The discharge of the summon case takes place, here the magistrate of the first class with the
prior permission of the Chief Judicial Megistrate or any Judicial Megistrate , for reasons to
be recorded by him can stop any of the proceeding and if the proceeding stopped before
taking the evidence and witnesses against the accused then the accused is aqquited by the
court ant if the proceeding is stopped by the court after taking the evidence then the
accused is discharged. In ARVIND KEJRIWAL AND OTHERS. V/S AMIT SIBAL5 it is held that
summon cases cannot be discharged by the magistrate as there is no such provision in the
law and under section 482 of Cr.P.C the person can approach to the High Court.

The case namely R.K AGGARWAL V/S BRIG MADAN LAL NASSA & ANR 6 In this case it was
held that there will be only acquittal or conviction based on the complaint and evidence of
the case as there is no provision of discharge. SUBRAMANIUM SETHURAMAN V. STATE OF
MAHARASHTRA & ANR7 it was held a summon case of complaint magistrate cannot drop
the trial. It must be conclude by the magistrate who cannot recall, review or discharge the
order of the process.

Section 59- Power Of The Court To Convert a Summon Case Into Warrant Case

4
2008 5 SCC 535
5
2014 1 High Court Cases (Delhi) 719
6
2016 SCC Delhi 3720
7
2004 13 SCC 324
During the trial of the summon case if the magistrate observe that the offence is punishable
with exceeding the period of six month then the magistrate can further proceed the trial of
summon case with the procedure of the warrant case with the opinion of justice and can
recall any of the witness for re-examined the case .

CONCLUSION

Trial of summon cases by the magistrate is conducted by an independent, impartial and

BY- SEHNAZ KHATOON

BBA L.LB 4th YEAR

IILS, SILIGURI

8
A.I.R 2012, SC 1485