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Shashaank Mishra (Advocate)     16 August 2013

Summoning order

Dear M/as.,

While exercising its powers under sec 482 Cr.P.C., can a court grant the relief of quashing the impugned summoning order and at the same time direct that fresh summons be issued under other sections which find mention in F.I.R. but under which summons were not issued?

Kindly enlighten along with some relevant case laws.

It would be really appreciated.

Shashaank



 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 August 2013

state full facts for best opinion

Shashaank Mishra (Advocate)     18 August 2013

Dear sir,

Thanks for taking notice. The facts are that an F.I.R. was lodged against a police officer accusing him and his sub ordinates of house breaking, trespassing, outraging modesty, threatening, beating and loot. 

The magistrate summoned the accused only u/s 504, 506 IPC. 

Now while hearing an application u/s 482 with a prayer to quash the summoning order can the court grant the relief sought but also direct to issue fresh summons taking into account all the offences as laid out in the F.I.R.

Also I need a case law laying down that a court while hearing such 482 has to limit its focus only on the sections cited in the impugned summoning order and not the sections cited in the F.I.R.

Kindly enlighten & I will be highly obliged.

Regards,

Shashaank


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