Magistrate While Accepting Chargesheet Has To Invariably Issue Summons And Not Arrest Warrant: SC
The principle that a Magistrate, while accepting a chargesheet, must invariably issue summons and not an arrest warrant, supported by relevant case laws from the Supreme Court of India.
Magistrate’s Role in Accepting Chargesheet and Issuing Summons vs. Arrest Warrants
When a chargesheet is filed by the police under the Code of Criminal Procedure (CrPC), it is the duty of the Magistrate to examine the chargesheet and decide the next course of action. The key question often is whether the Magistrate should issue summons or an arrest warrant at this stage.
Legal Principle
The Supreme Court has consistently held that while accepting a chargesheet, a Magistrate is required to issue summons and not an arrest warrant, unless there are exceptional circumstances justifying the issuance of a warrant.
This principle is rooted in the following rationale:
The chargesheet is based on investigation and prima facie case, and the Magistrate must allow the accused to appear before the court voluntarily.
Arrest is a serious measure and should not be the default or automatic step upon the acceptance of the chargesheet.
The Court must safeguard the liberty of the accused, and summons is the least restrictive mode to secure presence.
Arrest warrants may be issued only if there is a failure to appear, or the accused is evading process, or exceptional circumstances like danger of tampering with evidence or influencing witnesses.
Relevant Statutory Provisions
Section 204 CrPC: Magistrate’s duty to issue summons or warrant on receiving the complaint/chargesheet.
Section 41 CrPC: Conditions under which police can arrest without warrant.
Section 436 CrPC: Bail provisions where summons is the normal course unless warrant is required.
Landmark Supreme Court Judgments
1. Ranjit Singh v. State of Punjab, AIR 2006 SC 1718
The Supreme Court emphasized that the issuance of summons is the normal course at the stage of taking cognizance of the chargesheet.
Arrest warrants are to be issued only in cases of extreme necessity.
The Court held that arrest should not be routine but exceptional.
2. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335
The Court laid down guidelines for arrest and emphasized the importance of protecting personal liberty.
Arrests should not be made merely because an offense is alleged; it must be justified.
Summons is generally the appropriate process for securing presence after chargesheet acceptance.
3. Joginder Kumar v. State of UP, (1994) 4 SCC 260
The Supreme Court held that arrest is a serious matter and must be based on clear reasons.
Police and Magistrates must exercise caution and reason while ordering arrest.
Issuing summons is the preferable and less intrusive step.
4. Union of India v. Nair Service Society Ltd., AIR 1968 SC 116
The Court ruled that issuance of summons should be the default mode unless there is a compelling reason to issue warrant.
5. Ravi Yadav v. State of Jharkhand, (2011) 14 SCC 406
The Court reiterated that arrest is an exception and summons is the rule when chargesheet is presented.
The Magistrate should issue summons on taking cognizance, and warrant should be for evasion or non-compliance.
Summary and Explanation
Taking Cognizance: When the Magistrate accepts the chargesheet, he takes cognizance under Section 190(1)(b) of CrPC.
Issuance of Summons: The normal and routine mode for securing the accused’s presence is by summons under Section 204 CrPC.
Arrest Warrant - Exceptional Circumstances: Only if the accused is absconding, likely to tamper with evidence, or otherwise evade trial, the Magistrate can issue arrest warrants.
Safeguard of Liberty: The law protects accused persons from unnecessary deprivation of liberty, so summons should be preferred over arrest warrant to ensure fair trial and justice.
Practical Implications
Police must not treat filing chargesheet as a ticket for automatic arrest.
Magistrates must critically evaluate the necessity before ordering arrest.
Accused persons should be informed and given the opportunity to appear voluntarily through summons.
Arrests, if needed, must comply with guidelines laid down by the Supreme Court to avoid abuse of process.
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