Quashing of summoning order
Sushil Kansal
(Querist) 18 May 2014
This query is : Resolved
If in a Criminal Revision Petition the Sessions Court quashes the summoning order of the lower court, then can the criminal complaint sustain in the lower court or it gets automatically dismissed.
Devajyoti Barman
(Expert) 18 May 2014
When the high court quash the proceeding , how could it proceed further.
Just proceed the certified copy of the order in trial court.
Rajeev Kumar
(Expert) 18 May 2014
@Barman sir, The session court have quashed the summon order not the criminal complaint and the session court have quashes not HC.
Sushil Kansal
(Querist) 18 May 2014
Sir, please read again. The summoning order has been quashed by the Sessions Court (not HC.
P. Venu
(Expert) 19 May 2014
Expert Mr.Barman could have meant higher court i.e. superior court.
The summons being quashed, the lower court cannot proceed any further, unless you approach the High Court against the decision of the Sessions Court.
Devajyoti Barman
(Expert) 19 May 2014
Yes, I meant to say what Shri P.Venuji has replied.
Once summoning order is set aside( not quashed as only HC has power of quashing)by the sessions court, the issuance of process by trial court comes to a naught and the proceeding for all purposes ceases to exist.
Sushil Kansal
(Querist) 19 May 2014
Thanks everyone for the advice. The Summoning Order was set aside by the court of Additional Sessions Judge. What I now understand is that the Criminal Complaint cannot sustain in the lower court now. Thanks again. However, to give a better perspective I will post the query again and attach a copy of the order of the Sessions Court. Thanks.
ajay sethi
(Expert) 19 May 2014
agree with Mr barman
Sushil Kansal
(Querist) 19 May 2014
Thanks everyone a lot. Can you please give any case law from SC to support the contention. Thanks.
ajay sethi
(Expert) 19 May 2014
for judgements visit indian kanoon.com
Sushil Kansal
(Querist) 19 May 2014
Dear Ajay Sethi please tell how to find relevant judgments pertaining to my issue on india kanoon. thanks
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
I agree with the experts views, nothing more to add. However, please see that the sessions court has set aside the summoning order, the criminal complaint has not been set aside or quashed,so the sustainability of the criminal complaint has not been discussed.
Sushil Kansal
(Querist) 20 May 2014
I think I am in doubt again. My simple question is that if the summoning order has been set aside by the sessions court then can the criminal complaint in which the summoning order was given, still sustain?
Devajyoti Barman
(Expert) 20 May 2014
If the setting aside of summoning order is in favour of all/sole accused person/s then with the passing of the said order the criminal proceeding also comes to an end.
However if summoning order is left valid for few/rest of other accused persons then the case will proceed against them.
Sushil Kansal
(Querist) 20 May 2014
Thanks a lot Mr. Devajyoti Barman. The Summoning Order was solely against one person and has been set aside. Hence, as you say the criminal proceedings have come to an end. I shall be really grateful if any relevant case-law from SC can be given. Thanks in anticipation.
Devajyoti Barman
(Expert) 21 May 2014
If that is so then your query is resolved.
Please stop posting queries anymore.
