criminal case cc case magistrate court query court regarding

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From the facts stated, the matter appears to be at the stage of inquiry/hearing under Section 319 CrPC. The filing of a counter by the proposed accused/respondents does not automatically defeat the petitioner’s application. The Court will independently assess the material already available on record, including the evidence that has emerged during trial/inquiry. If the counter contains only denials and unsupported legal assertions without rebutting the incriminating evidence, the same may carry limited evidentiary value. The adjournment for hearing means that both sides will be heard before the Court decides whether sufficient grounds exist to summon the proposed accused. A detailed examination of the complaint, deposition, and documents is necessary to advise on the merits and the next course of action

Advocate Atanu Patra LawRato