What amounts to "Prima Facie Case"?
Jainodin shaikh
(Querist) 02 February 2011
This query is : Resolved
Whats amounts to "SUFFICIENT REASONS" in contex with the section 204 of Cr.P.C.?
In other words, what the term PRIMA FACIE CASE means in connection with private complaint?
[the definition of these two concepts are not given in Cr.P.C.]
(please provide some resent/lattest case law on this point)
Thanking You!
Arvind Singh Chauhan
(Expert) 02 February 2011
Sir it is very difficult to define or interpret some words.
SAANJAAY GUPTAA
(Expert) 02 February 2011
In private complaint case after going through the evidence of the witnesses if magistrate satisfied and issue process, it means there is prima facie case made out against the accused under section which the process issued.
Jainodin shaikh
(Querist) 02 February 2011
'Prima facie case means Satisfaction of magistrate'
is very vague not acceptable at all!
Kiran Kumar
(Expert) 02 February 2011
prima facie literally means at the very first instance or on the face of it.
there can not be a strict parameter to find out what constitutes a prima facie case.
the Magistrate will according to common sense + application of judicial mind + for all obvious reasons legal interpretation available on the issue.
Cr.P.C is not an encyclopedia for every thing...sometimes literal meaning given in a dictionary is enough to understand the issue.
Kirti Kar Tripathi
(Expert) 03 February 2011
The literal translation would be "at first face", prima first, facie face, both in the ablative case. It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. In common law jurisdictions, prima facie denotes evidence which – unless rebutted – would be sufficient to prove a particular proposition or fact. The term is used similarly in academic
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2011
Just go through various citations of SC in this matter and you can find the defference.
There are two aspects in any complaint. One is allegation. Your story must have reasonable inputs to frame allegations.
The other aspect is proof , that comes in trial. The law says there can not be two trials one at the stage of congnisance and other during regular trial.
So allegations are right or wrong it matter of trial.
Jainodin shaikh
(Querist) 03 February 2011
@shashikumar
please attach here some caselaw for downloading and study.
Arvind Singh Chauhan
(Expert) 04 February 2011
Sir let me define- "What a just and prudent person feels at first site".
Advocate. Arunagiri
(Expert) 04 February 2011
Prima facie is on reading of the complaint, the offense should be made out. Once the prima facie is found in the case, that itself a sufficient reason for sending summons to the parties.
Jainodin shaikh
(Querist) 04 February 2011
I am totally in agreement with Mr. Tripathi & Mr. Arunagiri but I want some caselaw supporting the view expressed by them.
I want some caselaw which can be given to the magistrate to convice him for issuing process in a private complaint which has all the ingredients of an offence.
Please help with some caselaw.
