Case Note & Summary
The dispute arose from a complaint filed by the second respondent against the appellant and three others on October 12, 1994, under various sections of the Indian Penal Code (IPC), including Section 406. The appellant, being accused No. 4 in Criminal Case No. 6096 of 1994, was summoned by the Chief Judicial Magistrate on October 17, 1994, specifically under Section 406 IPC. Two co-accused challenged this summoning order, but their petitions were dismissed by the High Court and subsequently by the Supreme Court. Following this, the appellant filed a revision petition against the summoning order, which was also dismissed by the Additional Sessions Judge. The appellant then approached the High Court with a Special Criminal Application, which was dismissed, leading to the current appeal. The appellant's counsel argued that there was no case against him as he was merely a General Power of Attorney holder for the partners who owned the goods in question. The court, however, noted that the High Court had already dismissed similar challenges by the other accused and found no reason to interfere with the summoning order. The court emphasized that it was not appropriate to reassess the facts to determine if a prima facie case under Section 406 IPC existed against the appellant. Ultimately, the Supreme Court dismissed the appeal, affirming the High Court's decision.
Headnote
A) Criminal Procedure - Summoning Order - Challenge to Summoning Order - Code of Criminal Procedure, 1973, Section 482 - The appellant challenged the summoning order issued under Section 406 IPC, claiming no case against him as a General Power of Attorney holder. The court found no illegality in the High Court's dismissal of the petition, affirming the appropriateness of the summoning order (Paras 1-2).
Issue of Consideration
Whether the High Court erred in dismissing the appellant's petition challenging the summoning order under Section 406 IPC.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's order and finding no illegality in the summoning order.
Law Points
- Summoning order
- Criminal Procedure
- Revision petition
- General Power of Attorney
- IPC Section 406
