Does judge have to explain order or is standard summons order okay

Question

Does judge have to explain order or is standard summons order okay

02-Nov-2025 (In Criminal Law)

Judge issue order for police investigation. Police are not prosecuting. Complainant still wants to prosecute and continue. Can judge issue Summons on standard Summons Form or does judge have to apply his judicial mind and explain in Summons order his reasoning to summon?

Answers (5)

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Adv. Drishti Mittal Adv. Drishti Mittal

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Advocate Manya Goel LawRato · Accepted Answer · 2025-11-02T16:21:19+05:30

Answer #2

Please clarify further that against whom the summons have been issued. However as a matter of practice the judges clarify the reasoning of their orders. Further please clarify what exactly is your grievance.

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Advocate Ashwin Garg LawRato · Accepted Answer · 2025-11-02T17:55:12+05:30

Answer #3

The Magistrate cannot issue summons mechanically or by using a standard form without due application of mind. As per settled law, before issuing process under Section 204 CrPC, the court must record its satisfaction that there are sufficient grounds to proceed. The order of summoning must reflect brief reasons or at least indicate that the Magistrate has examined the material and applied his judicial mind. You may refer to Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) where the Supreme Court emphasized that summoning is a serious matter and cannot be done routinely.

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Advocate Madhvi Chopra LawRato · Accepted Answer · 2025-11-05T13:50:48+05:30

Answer #4

When a police investigation is directed under Section 156(3) CrPC but the police do not act, the complainant can still pursue the case through a private complaint under Section 200 CrPC. At the stage of issuing summons, the Magistrate cannot mechanically issue process on a standard form.

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Advocate Aditya Kumar LawRato · Accepted Answer · 2025-11-07T15:13:03+05:30

Answer #5

When the police choose not to prosecute after investigation and the complainant wishes to continue, the Magistrate cannot simply issue summons on a printed form. Under Section 204 of the CrPC, the Magistrate is required to apply his judicial mind and determine whether there are sufficient grounds to proceed against the accused. The order must show that he has considered the complaint, the statements, and any material collected during inquiry under Sections 200 and 202 CrPC. The Supreme Court has made it clear in Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) 5 SCC 749 and Sunil Bharti Mittal v. CBI (2015) 4 SCC 609 that summoning an accused is a serious judicial act and cannot be treated as a mere formality. Therefore, the Magistrate must record brief reasons reflecting his satisfaction before issuing the summons, rather than relying on a standard form.

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