Case Note & Summary
The case involved an appeal by the second accused, a divorced wife, against the issuance of summons for alleged cheating under Section 420 read with Section 34 of the Indian Penal Code (IPC). The complaint was initially filed by the first respondent against both accused, alleging that they had taken money from various individuals under the pretext of providing jobs. The police conducted an investigation and concluded that the allegations were unsubstantiated, leading to a refer report. The first respondent then filed a protest complaint, which the Magistrate accepted, issuing summons to both accused. The Supreme Court examined the legal principles surrounding the Magistrate's power to take cognizance of a complaint after a police report and noted that the second accused had no role in the alleged offence, as she was separated from the first accused at the time of the alleged transactions. The court highlighted that the complainant's statements indicated that money was entrusted solely to the first accused and that the second accused was not present during the transactions. The court also considered the decree of divorce obtained by the second accused, which further supported her lack of involvement. Ultimately, the Supreme Court quashed the summons against the second accused while allowing the proceedings against the first accused to continue.
Headnote
A) Criminal Procedure - Cognizance of Offence - Magistrate's Power - Section 190(1)(a) Code of Criminal Procedure, 1973 - The Magistrate has the authority to take cognizance of a complaint even after accepting a police report. In this case, the court found that the second accused had no involvement in the alleged cheating as she was separated from the first accused and no money was entrusted to her. Held that the summons issued against the second accused was quashed (Paras 6-11).
Issue of Consideration
Whether the Magistrate was justified in issuing summons to the second accused despite her lack of involvement in the alleged offence.
Final Decision
The Supreme Court allowed the appeal and quashed the summons issued against the second accused, while permitting the proceedings against the first accused to continue.
Law Points
- Cognizance of complaint
- Judicial discretion
- Protest petition
- Cheating under IPC
- Divorce decree
