cc case magistrate court query

546 votes

From the facts stated, it appears that the respondents have already filed their counter statement and the petitioner has also filed a rejoinder/reply thereto. Mere denial of allegations in the counter, without supporting material, does not by itself defeat the petitioner's case. At this stage, the Court is required to consider the pleadings, documents and submissions of both sides before arriving at a conclusion. The adjournment for enquiry/hearing generally means that both parties will be afforded an opportunity to present their respective contentions and evidence, if any. The petitioner should focus on demonstrating how the counter is unsupported by facts or law and establish a prima facie case under Section 319 CrPC. The Court will thereafter decide whether sufficient material exists to summon the proposed accused persons. It is advisable to place all relevant documents, contradictions and legal precedents on record during the hearing so that the Court can appreciate the merits of the application and pass an appropriate order.

Advocate Atanu Patra LawRato