whether there are sufficient materials to commence proceeding under chapter XVI of Cr. P.C

Before, considering whether there are sufficient materials to
commence proceeding under chapter XVI of Cr. P.C, briefly, I may discuss the
relevant rulings. Referring to the Judgment in Sunil Bharti Mittal vs. Central
Bureau of Investigation (2015 {.4} SCC 609), the Hon'ble Apex Court held
in Lalankumar Singh v. State of Maharashtra (AIR 2022 SC 5151) that
the order of issuance of process is not an empty formality. The Magistrate is
required to apply his mind as to whether sufficient ground for proceeding exists
in the case or not. The formation of SLich an opinion is required to be stated in
the order itself. The order is liable to be set aside if no reasons are given
therein while coming to the conclusion that there is a prima facie case against
the accused. No doubt, that the order need not contain detailed reasons.