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498A Quash Judgment-Allahabad High Court on 14.02.2020
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498A Quash Judgment-Allahabad High Court on 14.02.2020

 
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498A Quash Judgment on 14.02.2020 – Allahabad High Court held that Summoning orders cannot be passed summarily or without applying judicial mind- Magistrate cannot pass an order simply by saying that the statement of complainant as well as witnesses recorded under Sections 200 and 202 Cr.P.C. are perused and summoning of person is illegal which could not stand the test of law. The accused cannot be summoned mechanically merely by writing that perused the statements under Sections 200 and 202 Cr. P. C. There must be discussion of evidence should be made and to mention as to what overt act had allegedly been committed by accused. Accordingly, the summoning order under Sections 498A, 504 and 506 I.P.C., pending in the Court of Judicial Magistrate is set aside.

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