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Dr.

Ram Manohar Lohiya National Law University, Lucknow


Session 2014-15

Synopsis The Code of Criminal Procedure


Topic Trial of Summon Cases by Magistrates

Submitted To

Submitted By

Dr. Prem Kumar Gautam

ASTHA SINGH

Assistant Professor (Law)


Dr. Ram Manohar Lohiya NLU

Roll no. - 46
V Semester

Introduction
The trial of summon cases by the magistrates is dealt with in Section 251 to 259
of the Criminal Procedure Code. The entire procedure as to how the Magistrate
tries the summon cases has been explained in the above mentioned sections.
Section 251 talks about when in summon cases the accused is brought before the
magistrate, the particulars of the offence of which the person is accused are stated
to him and then he is asked whether he pleads guilty or has any defence to make?
The magistrate also has the power to drop the proceedings, if he is satisfied that
there is no offence for which the accused can be tried. Section 252 says that if the
accused pleads guilty, then the magistrate records the plea a nearly in words as
possible and then he may in his discretion convict the accused. Section 253 (1)
talks about when the accused receives summon under Section 206 and wants to
plead guilty without appearing before the magistrate, he may convey the same to
the magistrate in a letter of plea by post or by messenger along with the fine
mentioned in the summon. Section 253 (2) says that the magistrate has the
discretion to sentence him on the basis of his plea and to pay the fine. If the
accused has authorized any person as his pleader, then the magistrate may record
his plea as nearly as possible in the words used by him and convict the accused
based on it. Section 254 talks about that the magistrate can hear the prosecution
side as well, if he does not sentence the accused and if he wants he can summon
any person to appear before the court as a witness, but he will ensure that the
necessary expenses for appearance of the witness are deposited in the court.
Section 255 talks about if the magistrate on hearing the witnesses does not find the
accused guilty, and then he might pass the order of acquittal. Section 256 (1) says
that if on any day of the hearing, the complainant himself does not appear, then the
magistrate may acquit the accused unless he thinks fit to adjourn the hearing, but if

the pleader of the complainant is there and the magistrate thinks that his attendance
is not indispensible, then he may proceed with the case. Section 257 talks about the
acquittal of the accused, when the complainant at any time feels like withdrawing
his complaint against the accused. Section 258 says that if a proceeding has been
started otherwise than upon a complaint, the magistrate of first class or with the
previous sanction of the Chief Judicial Magistrate may stop the proceeding at any
time without pronouncing judgment, for reasons to be recorded by him. If the
evidence of the principal witness has been taken, then the judgment of acquittal
should be passed and to the contrary, release the accused and such release shall
have the effect of discharge. Section 259 deals with the situation, where the
imprisonment mentioned is for more than six months, and the magistrate thinks
that the trial should be in accordance with the procedure as mentioned for that of
the warrant- cases, he may re-hear the case in the manner prescribed in this code
for the trial of warrant- cases and may recall any witness who may have been
examined earlier also. Thus, the entire procedure of the trail of summon cases by
the magistrate will be dealt with in detail in the project.

Object
The object of the project is to discuss in detail the procedure of the trial of summon
cases by the magistrate. The project will discuss in detail how the proceedings are
started by the magistrate, what are his powers and discretion and how the
magistrate will examine the witnesses in the trial of the summon cases.

Scope
The scope of the project extends to the trial of the summon cases by the magistrate.
It will cover the entire ambit of the procedure followed for the trial of the cases by
the magistrate including how the witnesses are examined, what is the discretion of
the judge in giving sentences or acquitting the accused.

Research Question
The research question of the project is that what is the procedure followed by the
magistrate in trial of summon cases and how is it different from that of the warrant
cases? What discretion does the judge have to start the proceedings if he thinks, in
accordance with the procedure which is mentioned for the trial of the warrant cases
and in what cases he can do so?

Research Methodology
The project will be adapting the doctrinal form of research, as it consists of
theoretical research. The sources used are primary and secondary sources of
information. Primary sources include books from Dr. Madhu Limaye Library and
secondary sources includes article, commentaries of eminent authors, research
papers and web sources. Also secondary soft copy sources of information have
been pursued from online database.

STATUTES INVOLVED
Sections, Criminal Procedure code, 1973
251. Substance of accusation to be stated.- When in a summons-case the accused
appears or is brought before the Magistrate, the particulars of the offence of which
he is accused shall be stated to him, and he shall be asked whether he pleads guilty
or has any defense to make, but it shall not be necessary to frame a formal charge.
252. Conviction on plea of guilty.- If the accused pleads guilty, the Magistrate
shall record the plea as nearly as possible in the words used by the accused and
may, in his discretion, convict him thereon.
253. Conviction on plea of guilty in absence of accused in petty cases.- (1) Where
a summons has been issued under section 206 and the accused desires to plead
guilty to the charge without appearing before the Magistrate, he shall transmit to
the Magistrate, by post or by messenger, a letter containing his plea and also the
amount of fine specified in the summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence, on
his plea of guilty and sentence him to pay the fine specified in the summons, and
the amount transmitted by the accused shall be adjusted towards that fine, or where
a pleader authorised by the accused in this behalf pleads guilty on behalf of the
accused, the Magistrate shall record the plea as nearly as possible in the words
used by the pleader and may, in his discretion, convict the accused on such plea
and sentence him as aforesaid.
254. Procedure when not convicted.- (1) If the Magistrate does not convict the

accused under section 252 or section 253, the Magistrate shall proceed to hear the
prosecution and take all such evidence as may be produced in support of the
prosecution, and also to hear the accused and take all such evidence as he produces
in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the
accused, issue a summons to any witness directing him to attend or to produce any
document or other thing.
(3) The Magistrate may, before summoning any witness on such application,
require that the reasonable expenses of the witness incurred in attending for the
purposes of the trial be deposited in Court.
255.Acquittal or conviction.- (1) If the Magistrate, upon taking the evidence
referred to in section 254 and such further evidence, if any, as he may, of his own
motion, cause to be produced, finds the accused not guilty, he shall record an order
of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions of
section 325 or section 360, he shall, if he finds the accused guilty, pass sentence
upon him according to law.
(3) A Magistrate may, under section 252 or section 255, convict the accused of any
offence triable under this Chapter, which from the facts admitted or proved he
appears to have committed, whatever may be the nature of the complaint or
summons, if the Magistrate is satisfied that the accused would not be prejudiced
thereby.

256.Non-appearance or death of complainant.- (1) If the summons has been issued


on complaint, and on the day appointed for the appearance of the accused, or any
day subsequent thereto to which the hearing may be adjourned, the complainant
does not appear, the Magistrate shall, notwithstanding anything hereinbefore
contained, acquit the accused, unless for some reason he thinks it proper to adjourn
the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer
conducting the prosecution or where the Magistrate is of opinion that the personal
attendance of the complainant is not necessary, the Magistrate may dispense with
his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases
where the non-appearance of the complainant is due to his death.
257. Withdrawal of complaint.- If a complainant, at any time before a final order is
passed in any case under this Chapter, satisfies the Magistrate that there are
sufficient grounds for permitting him to withdraw his complaint against the
accused, or if there be more than one accused, against all or any of them, the
Magistrate may permit him to withdraw the same, and shall thereupon acquit the
accused against whom the complaint is so withdrawn.
258.Power to stop proceedings in certain cases.- In any summons-case instituted
otherwise than upon complaint, a Magistrate of the first class or, with the previous
sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for
reasons to be recorded by him, stop the proceedings at any stage without

pronouncing any judgment and where such stoppage of proceedings is made after
the evidence of the principal witnesses has been recorded, pronounce a judgment
of acquittal, and in any other case, release the accused, and such release shall have
the effect of discharge.
259.Power of Court to convert summons-cases into warrant-cases.- When in the
course of the trial of a summons-case relating to an offence punishable with
imprisonment for a term exceeding six months, it appears to the Magistrate that in
the interests of justice, the offence should be tried in accordance with the
procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear
the case in the manner provided by this Code for the trial of warrant-cases and may
re-call any witness who may have been examined.

Tentative Chapterisation
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Introduction
Charges Stated
Recording the plea
Hearing the prosecution
Acquittal of the accused
Withdrawal of complaint
Starting a warrant case trial
Conclusion
Bibliography

CASES
1. Om Prakash Bakshi v. State, 1989 Cr LJ 1207 (Del).
2. Murali v. State of Kerala, 1987 (2) Crimes 899, 901 (Ker).
3. Anand Vithoba Lokhare v. State of Maharashtra, 1999 Cr LJ 2857 (Bom).

4. State of Gujarat v. Lalit Mohan, 1990 Cr LJ 2341, 2345 (Guj).


5. Gopal Krishna Saha v. Matilal Singh, (1926) 54 Cal 359.
6. Subramanium Sethuraman v. State of Maharashtra, 2005 SCC (Cri) 242.
7. Kannan v. State, 1989, Mad LW(Crl) 410.
8. Manbodh Biswal v. Samaru Pradhan, 1980 Cr LJ 1023 (Ori).
9. Emperor v. Somabhai, (1907) 9 Bom LR 1346.
10.Mahant Kaushalya Das v. State of Madras, AIR 1966 SC 22.
11.B. Rajanna v. State of Karnataka, 1996 Cr LJ 1820 (Kant).
12.In re Selvi, 1975 Cr LJ 113 (Mad).
13.State of Gujarat v. Lalit Mohan, 1990 Cr LJ 241, 2350 (Guj).
14. Public Prosecutor v. Hindustan Motors, AIR 1970 AP 176.

Bibliography
1. Ratanlal and Dhirajlal; The Code of Criminal Procedure, 19th Ed., Lexis
2.
3.
4.
5.
6.
7.
8.

Nexis Butterworths Wadhwa Nagpur


Batuk lal; Commentary at the Code of CriminalProcedure 1973.
S.C.Sarkar; Law of Criminal Procedure
Jethmalani, Ram and Chopra, D. S.; Code of Criminal Procedure, 1973.
R.V.KELKARS Criminal procedure; K.N.Chandrasekharan Pillai
K.D.Gaur; Criminal Law: cases and materials
Code of Criminal Procedure 1973; Paranjape N.V.
Black's Law Lexicon

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