Whether Revision under Section 397(2) Cr.P.C. against Order of Issue of Process is Maintainable [SC JUDGMENT]
Criminal Procedure Code, 1973 - Ss. 190 & 397 - Cognizance of an Offence - Revision - While taking cognizance of an offence, whether the court has to record reasons for its satisfaction of sufficient grounds for issuance of summons - Whether revision against order of issue of process is maintainable - Held, in case of taking cognizance of an offence based upon the police report, the Magistrate is not required to record reasons for issuing the process - Based on the charge sheet and the materials produced thereon when the Magistrate satisfied that there are sufficient grounds for proceeding, the learned Single Judge was not justified in examining the merits and demerits of the case and substitute its own view.