Role of Court and S.251 of Code of Criminal Procedure, 1973

Role of 

Court and S.251 of Code of Criminal Procedure, 1973

An interesting issue around S.251 was answered. Apart from that (and completely unconnected with the judgment), I can say that headnote is nothing but a view of an individual [linked with any shop which is into publishing industry] about the judgment. Ratio of judgment is not headnote, unless headnote is prepared by the Judge who has passed the Judgment. Therefore, much importance cannot be attached to headnote surpassing the complete judgment itself.

Back to topic, in Arvind Kejriwal v Amit Sibal [2014] GCtR 4352 (Delhi) it was held as follows : 

"If the Trial Court has to frame the notice under Section 251 Cr.P.C. where no prima facie case is made out against the petitioners, the hearing at the stage of notice under Section 251 Cr.P.C. would be a mere farce and would result in failure of justice. In warrant cases whether arising out of police report or complaint, the learned Magistrate is empowered to discharge the accused if no prima facie case is made out against him under Section 239 Cr.P.C. whereas in summons cases, such a power is given to the Magistrate only in cases other than complaint cases meaning thereby that the Magistrate has to frame the notice and proceed with the matter even if no prima facie case is made out against the accused. As such, the denial of the remedy of discharge to the accused in summons cases at the stage of notice under Section 251 Cr.P.C. is clearly discriminatory."

"The accused are entitled to hearing before the learned Metropolitan Magistrate at the stage of framing of notice under Section 251 Cr.P.C in all summons cases arising out of complaints and the Magistrate has to frame the notice under Section 251 Cr.P.C. only upon satisfaction that a prima facie case is made out against the accused. However, in the event of the learned Magistrate not finding a prima facie case against the accused, the Magistrate shall discharge/drop the proceedings against the accused." 

 Written by 

Vishal

Delhi

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