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Magistrate to apply judicial mind before summoning accused

In Pragti Devi Vs. State of U.P. the Hon'ble Allahabad High Court, it is a fact that at the time of passing order on point of cognizance and summoning, the Magistrate is expected to consider as to whether prima facie evidence for summoning the accused are available or not. But this consideration has to be after application of judicial mind, and not blindly. Magistrate is not expected only to read the words uttered by witnesses under sections 200 or 202 CrPC, but he also is required to use its judicial mind before passing any order and not to act like a silent spectators of the words uttered by the witnesses, who were not going to be cross-examined at the stage of evidences under Chapter XV CrPC. Even in the aforesaid judgment of Km. Nisha case (supra), this court had cited certain verdicts of Hon’ble Apex Court, which are again reiterated.

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