evidence produced at the pre-summoning stage shows that there is sufficient ground for proceeding against the accused.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2328 OF 2022

DEEPAK GABA AND OTHERS ... APPELLANTS

VERSUS

STATE OF UTTAR PRADESH AND ANOTHER ... RESPONDENTS

J U D G M E N T

SANJIV KHANNA, J

11. In case of a private complaint, the Magistrate can issue summons

when the evidence produced at the pre-summoning stage shows 

that there is sufficient ground for proceeding against the accused. 

The material on record should indicate that the ingredients for 

taking cognizance of an offence and issuing summons to the 

accused is made out.7