Case Note & Summary
The petitioners, who were accused Nos.2, 3, 6 and 7 in C.C.No.51/2014 pending before the JMFC, III Court, Davanagere, filed a criminal revision petition under Section 397 read with Section 401 CrPC challenging the order dated 12.06.2017 by which the trial court issued summons to them to face trial. The case arose from a complaint lodged by respondent No.2, Smt. Divya Chaitra, wife of accused No.1 Rameshwara Swami @ Ramesha, alleging offences under the Dowry Prohibition Act, 1961 and Section 498A IPC. The petitioners contended that the complaint and charge sheet did not contain any specific allegations against them and that they were being harassed by being summoned without any basis. The High Court, after hearing the parties, observed that the trial court had issued summons mechanically without examining whether there were specific allegations against each accused. The court noted that the charge sheet merely contained general allegations and did not attribute any specific overt acts to the petitioners. Relying on the principle that summoning an accused without specific allegations amounts to an abuse of process of law, the High Court allowed the revision petition, set aside the impugned order, and quashed the summons against the petitioners. The court directed that the trial against the other accused shall continue.
Headnote
A) Criminal Procedure Code - Summons - Issuance of Summons - Specific Allegations - The trial court issued summons to accused Nos.2, 3, 6 and 7 without there being any specific allegations against them in the complaint or charge sheet. The High Court held that summoning an accused without specific allegations is an abuse of process of law and set aside the order. (Paras 3-5) B) Dowry Prohibition Act - Dowry Harassment - Section 498A IPC - The complaint alleged dowry harassment by the husband and in-laws, but the charge sheet did not contain specific overt acts against the petitioners. The court quashed the summons as the allegations were vague and general. (Paras 3-5)
Issue of Consideration
Whether the trial court was justified in issuing summons to the petitioners-accused Nos.2, 3, 6 and 7 in the absence of specific allegations against them in the complaint and charge sheet.
Final Decision
The High Court allowed the criminal revision petition, set aside the order dated 12.06.2017 passed in C.C.No.51/2014 by the JMFC, III Court, Davanagere, and quashed the summons issued against the petitioners-accused Nos.2, 3, 6 and 7. The trial against the other accused shall continue.
Law Points
- Summons cannot be issued without specific allegations against each accused
- Section 482 CrPC
- Section 397 CrPC
- Section 401 CrPC
- Dowry Prohibition Act
- 1961
- Indian Penal Code
- 1860
