Sec. 204 – Issue of process - Sufficient ground for proceeding - Satisfaction - Sufficient material to justify the issue of process - Should not pass the order

Sec. 204 – Issue  of process - Sufficient ground for proceeding - Satisfaction - Sufficient material to justify the issue of process - Should not pass the order -  Where the complainant has no personal knowledge of the allegations. When a person files a complaint and supports it on oath, rendering himself liable to prosecution and imprisonment if it is false, he is entitled to be believed unless there is some apparent reason for disbelieving him; and he is entitled to have the persons, against whom the complaints, brought before the court and tried. The only condition requisite for the issue of process is that the complainant‘s deposition must show some sufficient ground for proceeding. Unless the Magistrate is satisfied that there is sufficient ground for proceeding with the complaint or sufficient material to justify the issue of process, he should not pass the order of issue of process. Where the complainant, who instituted the prosecution, has no personal knowledge of the allegations made in the complaint, the magistrate should satisfy himself upon proper materials that a case is made out for the issue of process. Though under the law, a wide discretion is given to magistrate with respect to grant or refusal of process, however, this discretion should be exercised with proper care and caution. 

Case Law:

K. Sitaram and another V. CFL Capital Financial Service Limited and Another,

Citation:

2017) 2 SCC (Cri) 658 ; 

(2017) 5 SCC 725.