Summary Triable Case, matter of right or judicial discreation?

Jayesh Kumar (Querist) 04 July 2011 This query is : Resolved
All Experts,

U/S 260 CrPC can IPC 500,509 private complaints with 2-3 witnesses be pushed for to be treated as summary triable cases or judicial discreation that it cannot be treted as summary triable can exist?
What particular or what conditions needed to be that the cases be treated as summary triable or like a normal criminal procedure?
If summary triable is not insisted by the judge and trial proceeds under the normal way then can still the accused take protection under the exception of ipc 499?

Regards,

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abhishek (Expert) 05 July 2011
it is the discretion of the magistrate whether to try in a summary way an offence which is given under section 260.

its depends on the fact or circumstance of every case and opinion make by the magistrate.

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