CHAPTER 20 TRIAL OF SUMMONS-CASES BY MAGISTRATES By Dr.

CHAPTER 20 TRIAL OF SUMMONS-CASES BY MAGISTRATES By Dr. Kalpesh Nikawat

Summon Case Definition A s per section 2 (W) 1. A case relating to an offence, not being a warrant case. 2. A case relating to an offence which is not punishable with death, imprisonment for life or imprisonment for a term exceeding two years. 3. The trial procedure for summon cases is contained in section 251 to 259 Cr.P.C.

Section 251. Substance of accusation to be stated 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.

251 The object of the section is to apprise the accused of the charge against him. He is Explained about the facts constituting the offence for the commission of which he is going to put on trial. It is not necessary to frame a formal charge in a trial of a summon case as per the provision of section 211-213 of Cr.P.C. The magistrate must record the plea of guilty at the commencement of the trial, if the accused pleads so. However, the magistrate is bound to convict the accused who pleads guilty, if he thinks it necessary in the interest of justice to have evidence of his guilty.

Section 252 Conviction on plea of guilty 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 thereon.

252 If the accused pleads guilty, it is imperative for the magistrate to record the plea in the exact words used by the accused as nearly as possible and in the accused own language in order to avoid any misapprehension.

Section 253 Conviction on plea of guilty in absence of accused in petty cases. (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 the 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 authorized 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.

253 This section contains an enabling provision which is introduced in the code with a view to disposing of petty cases without requiring the presence of the accused. The section also allows a pleader appearing on behalf of the accused person to plead guilty on his behalf. The power conferred under this section should be used by the Magistrate with great caution and care and not arbitrarily.

Section 254 Procedure when not convicted (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) The 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.

254 If the accused does not plead guilty under sec 252, the Magistrate shall hear the complaint and his witnesses; and he cannot acquit the accused without such examination.

Section 255 Acquittal or conviction (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 guilty, 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 from 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.

255 An order of acquittal can be passed by the magistrate only after hearing the witnesses and taking evidence referred to in sec 254. If the magistrate convicts the accused, he will pass sentence on him according to law.

Section 256 Non-appearance or death of complainant (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the non- appearance of the complainant is due to his death.

256 This section applies to cases where summons has been issued to the accused on the complaint and the complainant does not appear before the court on the day appointed for the appearance of the accused. Similar provisions exits in section 249 to be applicable in a warrant case. In case of absence of death of the complainant, the Magistrate may use his judicial discretion. He may (1) order the acquittal of the accused if he deems it proper; or (2) postpone the hearing for some future date; or (3) proceed with the case further keeping aside the absence of the accused due to his non-appearance or death, as the case may, where he finds it necessary to do so in the interest of justice.

Section 257 Withdrawal of complaint If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

257 The section provides for the withdrawal of the complaint with the consent of the court any time before the final order is passed. The section refers to withdrawal of complaint only in summons cases. The section requires that the complainant should make a request for the withdrawal of the complaint satisfying the court that there are valid grounds for the withdrawal of the complaint. The Magistrate at his discretion may allow withdrawal of the complaint and thereafter order acquittal of the accused.

Section 258 Power to stop proceedings in certain cases. In any summons- case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge

258 This section applies only to a summons case instituted otherwise than upon a complaint and does not apply on complaint case. The Magistrate may stop the proceedings at any stage before the pronouncement of judgment but he has to record the reasons as required by this section.

Section 259 Power of Court to convert summons- cases into warrantcases 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 an witness who may have been examined.

259 This section empowers the Magistrate to convert a summons case into a warrant case if the offence is punishable with imprisonment for more than six months and he is of the opinion that justice demands the case to be tried as a warrant case. Where a summons case is so converted into a warrant case, the proceedings should be started de novo. The Magistrate may also recall any witnesses who may have already been examined when the case was proceeded as a summons case. * De novo : starting from the beginning