The Bombay High Court quashed a Magistrate’s order summoning in-laws, with Justice Ashwin D. Bhobe stressing issuing process is a “serious matter” requiring judicial application of mind to facts, allegations, and supporting evidence.
MUMBAI: The Bombay High Court has annulled an order by a Metropolitan Magistrate that had issued process against the complainant’s parents-in-law in a matrimonial harassment matter. Justice Ashwin D. Bhobe emphasized that issuing process is a “serious matter” and cannot be carried out mechanically without applying judicial mind to the facts and the applicable law.
Background of the Case:
The proceedings originated from a marital dispute between the petitioners’ son and Respondent No. 2 (the complainant). The marriage took place on December 12, 2016, in Jodhpur. After marital discord emerged in June 2021, the husband filed for divorce in Jodhpur; those proceedings were later transferred to the Mumbai Family Court.
Subsequently, the complainant lodged a harassment complaint at Santacruz Police Station. On April 19, 2024, in Criminal Case No. 06/SW/2022, the Metropolitan Magistrate, 71st Court, Bandra, Mumbai, issued process against the petitioners under Sections 498A and 406, read with Section 34 of the Indian Penal Code (IPC).
Arguments of Parties:
Ms. Tasmiya Taleha, counsel for the petitioners, argued the impugned order showed a “lack of judicial consideration.” She submitted that the order was issued “mechanically without considering the facts of the case or examining the documents,” making it illegal and subject to setting aside.
Mr. Sukanta Karmakar, the State’s APP, defended the Magistrate’s order and opposed interference. Mr. Rahul Aarote, representing Respondent No. 2, maintained that the Magistrate had applied his mind, pointing out that process was confined to specific sections and not issued under Sections 505 and 506 IPC.
He submitted that if interference was needed, the matter should be remanded for reconsideration instead of terminating the proceedings, relying on Krishnagopal Raghunathprasad Maheshwari and Ors. v. Food Inspector And Anr.
Court’s Reasoning
The High Court relied on established Supreme Court precedents, including Pepsi Foods Ltd. v. Judicial Magistrate and Mahmood Ul Rehman v. Khazir Mohammad Tunda, which hold that summoning an accused is a grave step and criminal proceedings must not be set in motion routinely.
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The Court observed:
“The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law governing the issue. He has to examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof…”
On reviewing the record, Justice Bhobe found the impugned order merely recorded that the Magistrate had perused the police report and the verification statement.
The Court stated:
“The impugned order does not reflect that the Magistrate has applied his mind to the facts of the case and the law governing the issue. There is no indication in the impugned order that the Magistrate examined the nature of the allegations in the complaint or the supporting evidence, oral or documentary.”
The Court dismissed the suggestion that limiting the sections for which process was issued could alone demonstrate application of mind, noting the order lacked an explicit exercise of judicial discretion.
Conclusion
The High Court held that the impugned order was vitiated by the “vice of non-application of mind” and was therefore unlawful.
While quashing the April 19, 2024 order, the Court declined the petitioners’ plea to dismiss the entire criminal proceeding, observing that the power to issue process remains with the Magistrate.
The matter was remitted to the Metropolitan Magistrate, 71st Court, Bandra, for fresh consideration and further action in accordance with law.
Case Title: Mahavir Singh Charan and Anr vs. The State of Maharashtra and Anr. WP No. 1716 of 2025
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