The Code of Criminal Procedure, 1973  - Section 209 , Section 204 (1)

Offence of murder of the son of the respondent No.2 - Issuance of summons to the appellant - In challenge - The stage of Section 209 of the Code having reached in the case, it was not open to the Chief Judicial Magistrate, Mathura to exercise the power under Section 204(1)(b) of the Code and issue summons to the appellant - The Supreme Court - Order passed by the Chief Judicial Magistrate, Mathura, in issuing summons against the appellant on the complaint filed by the respondent No. 2 complainant, which has been confirmed by the High Court, is allowed to stand, it would mean addition of the appellant to the array of the accused in a pending case before the Sessions Judge at a stage prior to collecting any evidence by that court - This course is absolutely impermissible - Impugned order against the appellant set aside - Appeal allowed.

Topic(s)-

Important Decision(s)- Ss. 209, 204(1)(b) CrPC - Trial pending in session court - Evidence - CJM summon array of the accused - Impermissible.