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Subject – Law of Crime-II

TOPIC – Trial of Summon cases

Supervised By:
Puja Sinha

NAME: Ahmed Hasan Mosaib

ROLL NO.: (Admit card No.) - 16
(Class Roll. No.) – 102/LLBG/15023
COURSE: B.A.LL.B
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ACKNOWLEDGEMENT
ANNEXURE - II

With profound gratitude and sense of indebtedness I place on record my sincerest thanks to,

Puja Sinha, Indian Institute of Legal Studies, for his/her invaluable guidance, sound advice

and affectionate attitude during the course of my studies.

I have no hesitation in saying that he/she molded raw clay into whatever I am through his/her

incessant efforts and keen interest shown throughout my academic pursuit. It is due to his/her

patient guidance that I have been able to complete the task.

I would also thank the Indian institute of Legal Studies Library for the wealth of information

therein. I also express my regards to the Library staff for cooperating and making available

the books for this project research paper.

Finally, I thank my beloved parents for supporting me morally and guiding me throughout the

project work.

Date: _____________________

AHMED HASAN MOSAIB

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ANNEXURE - III
TABLE OF CONTENTS
__________________________________________________________
Acknowledgement……………………………………………….…………….……………………………………..………………2
Research Methodology…………………………………………………………….………………………………..………………4
A. Aims and Objectives…………………………………………….………………………………..……………………………
B. Statement of Problem……………………………………………….……………………………….……………………….
C. Research Questions……………………………………………………….…………….……………..………………………
D. Hypothesis…………………………………………………………………………………………………………………………..
E. Method of Research…………………….……………………………….……………….………….………………………5
F. Mode of Citation…………………………………………………………………………………….…………………………..

Table of Cases…………………………………………………………………………………………………….….…………………6
Chapter – I: Introduction………………………………..……………………………………..…………….……………………7
Chapter II: Trial of summons case………………………………………………………………………………………….8
A. Sub Categorization
B. Sub Categorization
C. Sub Categorization
Chapter III: Withdrawal of complaint………………………………………………………11
A. Sub Categorization
B. Sub Categorization
C. Sub Categorization
Chapter IV: Case Study
A. Provisions of Law
B. Facts of the case
C. Issues Involved
D. Judgments referred by the parties
E. Judgments referred by the Court
F. Maxims Used
G. Judgment
H. Own Observation
I. Conclusion
Chapter V: Conclusion…………………………………………………………………….…………………………............11
Bibliography…………………………………………………………………………………………………………………………12

ANNEXURE - IV

RESEARCH METHODOLOGY
___________________________________________________________
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A. AIMS AND OBJECTIVES

The aims and objectives of this project are to understand the concepts of Trial of Summon
Cases, the purpose of having provisions which gives inclusive concept of law of crime is a
byproduct of intensive form of government comment. One of the aims of the project is to
have a comparative study on the topic; concept of social work with respect of law of crime is
a byproduct of intensive form of government comment in India.

B. STATEMENT OF PROBLEM

Despite the laws and Acts, the current systems do not give an equal chance to access and
flourish. Though we have various Laws and Statutes yet essential things are missed out and
very few literates know the proper meaning and nature of law of crime is a byproduct of
intensive form of government comment. As such many of us are still in dark as to what
includes the term Assets on which Administrative law is a byproduct of intensive form of
government comment is to be computed and how to compute the same.

C. RESEARCH HYPOTHESIS

This research work is an attempt to distill lessons from the concept of trial of summon cases
is a byproduct of intensive form of government comment. It is an attempt to know the
concept of various terminologies within the concept of law of crime is a byproduct of
intensive form of government comment and how they are very much needed in our present
society.

D. RESEARCH QUESTIONS

E. METHODOLOGY OF RESEARCH

“Methodology” implies more than simply the methods the researcher used to collect data. It
is often necessary to include a consideration of the concepts and theories which underlie the
methods. The methodology opted for the study on the topic is doctrinal in nature. Empirical
research in law field indicates arranging, ordering and analysis of the legal structure, legal
frame work and case laws by extensive surveying of legal literature but with field work.
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F. SCOPE AND LIMITATIONS

The research work discusses the key points that the Learned Court observed as well as what
is deduced after going through the research work. Trial of summon case society topic being
very vast like ocean, the work is limited to the project topic.

G. REVIEW OF LITERATURE

The researcher while writing this project has taken recourse to various primary and secondary
sources. Primary sources would include various laws, books and articles. Secondary sources
would include reports and websites.

H. MODE OF CITATION

A uniform Blue Book Mode of citation has been adopted throughout the project.

TABLE OF CASES

 Mahant Kanshalya Das v/s. State of Madras

 State of Maharashtra v/s K.A.Chawade

 Muniruddin Akand vs. Kasamuddin Munshi

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 Thathapadi Venkatalakshmi vs. State of A.P

CHAPTER – I: INTRODUCTION

A summons case means a case relating to an offence not being a warrant case, implying all
cases relating to offences punishable with imprisonment not exceeding two years. In respect
of summons case, there is no need to frame a charge. The court gives substance of the
accusation, which is called “notice”, to the accused when the person appears in pursuance to
the summons.

In view of section 251 of criminal procedure code the magistrate is required to explain the
particulars of the offence which the accused is prosecuted. As per section 251 if the accuse
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pleads guilty, the magistrate shall record his plea as nearly as possible in the words used by
the accused and may in his discretion, convict him there on. Section 253 of criminal
procedural code is an exception to the general rule which provides a simple procedure for
disposing petty cases without presence of accused in court by post and messenger also. By
this provision discretion is given to the magistrate to convict the accused. It also enable the
pleader authorized by the accused to plead guilty on behalf of his client when offence is
punishable with only fine. However as per section 254 of criminal procedure code if the
accused is no convicted under section 252 or section 253 the court shall hear the accused and
take all such evidence as he produces in his defense. Section 256 of criminal procedure code
desalts with the circumstance of non appearance or death of the complaint. Section 255 deals
with the acquittal or conviction. Section 257 of criminal procedure code deals with the
withdrawal of complaint subject to the satisfaction of the magistrate. Apparently this section
applied to summon case. Section 258 of cr.pc. deals with the power to stop proceeding in
certain cases. Section 259 of criminal procedure code empowers to the magistrate to convert
a summon case into warrant case, if the offence is punishable with imprisonment for more
than six month. And if he is of the opinion that it would be in the interest of justice try such
case in accordance with the procedure of the trial of warrant case.

Section 274 of criminal procedure code deals with the record in summons case and inquiries.
The magistrate shall, as the examination of each witness proceeds, make a memorandum of
the substance of his evidence in the language of the court. However, if the magistrate is
unable to make such memorandum himself, he shall after recording the reason of his inability,
cause such memorandum to be made in writing or form of his dictation in open court.

Chapter-II

Provisions relating to procedure for trial in summons case:

Chapter-xx of criminal procedure code containing section 251 to 259 lays down the
provisions relating to procedure for summons case.

The procedure contains the following stages-

Explaining the substance of accusation (section-251)

In a summon case, when the accused appears or is brought before the magistrate, he shall be
informed of the particulars of the accusation. It is not necessary to frame a charge. Omission
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to state particulars of accusation amounts to irregularity and is punishable under section 313.
The court then asked the accused to plead guilty or claim to be tried.

Section 251 runs as follows:-“When in a summons-case the accused appears or is brought

before the Magistrate, the particulars of the offence of which he is accused shall be stated to
him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall
not be necessary to frame a formal charge.”1

Conviction on plea guilty(section 252)

If the accused pleads guilty, the magistrate shall record the plea as nearly as possible in the
words used by the accused and may, in his discretion convict him there on.

In Mahant Kanshalya Das v/s. State of Madras2, it was held that the requirements of
section 252 are mandatory in character and a violation of these provisions vitiates the trial
and renders the conviction legally invalid.

Conviction in the absence of accused in petty cases(section 253)

If the accused pleads guilty in respect of a petty offence, the magistrate may impose fine even
in his absence and the same may be communicated through messenger or by post.

Section 253 reads as follows:

1. Where a summons has been issued under section 206 and the accused desires to plead
guilty to the charge without appearing before the Magistrate, he shall transmit to the
Magistrate, by post or by messenger, a letter containing his plea and also the amount
of fine specified in the summons.

2. The Magistrate may, in his discretion, convict in his accused in his absence, on his
plea of guilty and sentence him to pay the fine specified in the summons, and the
amount transmitted by the accused shall be adjusted towards that fine, or where a
pleader authorised by the accused in this behalf pleads guilty on behalf of the accused,
the Magistrate shall record the plea as nearly as possible in the words used by the
pleader and may, in his discretion, convict the accused on such plea and sentence him
as aforesaid.

Hearing of the prosecution and defense or procedure when not convicted(section 254)

If the accused does not plead guilty, the magistrate does not convict and hears (a) prosecution
evidence and (b) evidence produced for the defence and may summon the appearance of
witnesses if necessary.

Section 254 reads as follows:

1
Code of criminal procedure,1973
2
1966 AIR 22, 1966, SCR(1)229
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1. If the Magistrate does not convict the accused under section 252 or section 253, the
Magistrate shall proceed to hear the prosecution and take all such evidence as may be
produced in support of the prosecution, and also to hear the accused and take all such
evidence as he produces in his defence.

2. The Magistrate may, if he thinks fit, on the application of the prosecution or the
accused, issue a summons to any witness directing him to attend or to produce any
document or other thing.

3. A Magistrate may, before summoning any witness on such application, require that
the reasonable expenses of the witness incurred in attending for the purposes of the
trial be deposited in Court.

Acquittal or conviction(section 255)

After hearing from both the sides, if the magistrate finds the accused not guilty, he shall
record an order of acquittal. If the accused is found guilty, the magistrate passes a
sentence according to law. The magistrate before convicting the accused for a different
offence should satisfy himself that by doing so the accused is not in any way prejudiced.
In other words, the magistrate may convict the accused upon the proof of facts.

Section 255 run as follows:

1. If the Magistrate, upon taking the evidence referred to in section 254 and such further
evidence, if any, as he may, of his own motion, cause to be produced, finds the
accused not guilt, he shall record an order of acquittal.

2. Where the Magistrate does not proceed in accordance with the provisions of section
325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him
according to law.

3. A Magistrate may, under section 252 or section 255, convict the accused of any
offence triable under this Chapter which form the facts admitted or proved he appears
to have committed, whatever may be the nature of the complaint or summons, if the
Magistrate is satisfied that the accused would not be prejudiced thereby.

It was held by the Madras High Court that where summons have been issued for the
production of evidence by the prosecution but he fails to produce the evidence, the acquittal
of the accused under section 255(1) simply on the ground is not permissible.3

An order of acquittal passed on the basis of perusal of the police papers of the case is illegal.4

Non-appearance or death of complaints(section 256) .

The magistrate must exercise his powers under this section reasonably. The accused should
be acquitted when the complainant fails to appear without any just cause. It is not obligatory
for the complaint to appear in person on the date of filling of the complaint and no complaint
3
State vs. veerappan, AIR 1980 MAD.260(FB)
4
State vs. Thakorbhai, Sukhbhai, AIR 1968 Guj.
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can be dismissed dues to such not-appearance.5 His presence is necessary on the date fixed
for appearance after filling of the complaint.

When the complainant does not appear:

Under section 256 the magistrate has wide discretionary power to decide whether to adjourn
the case or to record the order of acquittal in the absence of the complaint on the first day of
hearing. But this discretion has to be exercised judiciously.6

When the complainant is absent, the presence of his lawyer may be taken into consideration
by the magistrate in dealing whether to adjourn the hearing of the case or not.

It was held in State of Maharashtra v/s K.A.Chawade,7 that non-appearance of the

prosecution witness cannot be a ground by itself for acquittal of the accused.

Death of the complaint:

In case death of the complaint the accused may be acquitted or the hearing may be adjourned.

It was held in Muniruddin Akand vs. Kasamuddin Munshi,8 that if brother of the

Complaint who is equally interested desires to carry on the case after the death of the
complaint, at the stage of argument he could be allowed to do so.

Withdrawal of complaint(sec 257)

This section applies to cases instituted upon complaint. Section 258 applies to cases instituted
Otherwise than upon a police complaint. The complaint may be permitted to withdraw this
complaint at any time before a final order is passed in any case under this chapter. In order
that permission to withdraw complaint may be granted, the complaint must satisfy the
magistrate that there are sufficient grounds for granting such permission.

In Thathapadi Venkatalakshmi vs. State of A.P, 9 wife file a report before police against her
her husband alleging offence under section 498-A of the penal code. A charge sheet was filed
by the police which formed the basis for court to take cognizance of offence. It was held that
wife cannot be permitted to withdraw charge-sheet filed by the police.

Power to stop proceedings in certain cases(section 258)

5
Ugam Raj. .vs. state, 1993 cr.zy.2301(raj)
6
Radha Krishna das vs. M.das, 1990, cr. L.j 2363(Orissa)
7
1990 cr. L.j 1556(Bom.)
8
(1947) 1 cal.99
9
1991 cr. L.j 749(AP)
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Where proceeding in a case is stopped after the evidence of the principal witness has been
recorded, the magistrate may pronounce a judgment of acquittal and in any other case, release
the accuse. Release of the accused under this section shall be treated as discharge.

The powers given to the magistrate to stop the preceding at any stage should be used
sparingly especially in exceptionary or unusual circumstances which make it defiant or
impossible for the magistrate to proceed with the case he cannot invoke the provisions of
section 258 and stop further proceedings.

Conviction of summons case into warrant case.(section 259)

When in the course of the trial of a summons-case relating to an offence punishable with
imprisonment for a term exceeding six months, it appears to the Magistrate that in the
interests of justice, the offence should be tried in accordance with the procedure for the trial
of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by
this Code for the trial of warrant-cases and may recall any witness who may have been
examined.

Conclusion:

Although above discussion trial of summon case under the code of criminal procedure is all
the petty cases, which punishment are less than three years. Those are the small cases and not
grave in nature. The primary object of the criminal justice system is to ensure that the trial
must be fair. The Presiding Officer is supposed to treat the accused innocent till charge is
proved against him but at the same time the guilty person should not be escaped from the
punishment. When the accused appears or is brought before court pursuant to the
commitment of the case, the Public Prosecutor should open the case by describing the charge
brought against the accused and stating by what evidence he proposes to prove the guilt

Of the accused.

ANNEXURE – VI

BIBLIOGRAPHY

PRIMARY SOURCES
I. STATUTES:
 Code of criminal procedure, 1973
 Indian penal code,1860
SECONDARY SOURCES
I. BOOKS:
 Lecture on code of criminal procedure.
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-Dr.Rega Suriya Rao

Asia Law House, Hyderabad
 The code criminal procedure,19973
-S.N.Misra
Central law publications (19th edition)
II. WEBSITES

 http://mja.gov.in/Site/Upload/GR/%20I%20Summ%20of%20Cri.pdf

 http://devgan.in/criminal_procedure_code/chapter_20.php

 https://www.lawteacher.net/free-law-essays/criminal-law/criminal-procedure-
code.php