Trial of summon cases under

Cr.PC
Sec 2(w) of Criminal Procedure Code defines summons cases not being a warrant
case. Summons cases are less serious cases, which are non–cognizable, bailable
and compoundable.

Chapter XX of Criminal Procedure Code is exclusively provided for the trial of

summons cases by the Magistrate. The salient features of trial procedure in
summons cases are dealing in Sec 251 to 259 of Criminal Procedure Code.

The fair trial is a constitutional as well as the statutory right of the accused person .
The concept of fair trial is correlated with the principles of natural justice which
are summarized as follows.

1. Nemo judex in causa sua which means no man shall be judge of his own cause.
This principles ensures an independent and impartial justice. In trial of summons
cases which is conducted by an independent, impartial and a competent
Magistrates having jurisdiction which ensures justice and fair trial.

2. Another principle of fair trial is right to have a precise and specific accusation
under Sec.211 of Criminal Procedure Code. By virtue of Sec 251 of Criminal
Procedure Code, the sum and substance of accusation shall be stated to the accused
for admitting or denying guilt which is also an essential requirement of a fair trial.

3. As per Sec.252 of Criminal Procedure Code, If the accused pleads guilty then
the Magistrate may record his plea in the same words used by the accused and the
Magistrate may in his discretion convict him thereon, which ensures fair trial in
criminal justice administration as held in Mahant Kausalya Das v. State of
Madras (A.I.R 1966 SC 22).

4. By virtue of Sec.253 of Cr. P.C, the conviction on plea of guilty in the absence
of accused in petty cases is permissible. But the representation of the accused
through a pleader is allowed or admission of guilt by way of letter or messenger is
also allowed, thereby ensuring the fair trial to the accused.

5. If the Magistrate does not invoke Sec.252 or Sec.253 against the accused, then
the Magistrate shall proceed with Sec 254 of Cr. P.C, thereby the accused has
given an opportunity of hearing which is an important requirement of fair trial. It is
based on the concept of “Audi Alterum Partum” which means to hear the other
side which is an essential requirement of fair trial. By virtue of Sec.254 of
Criminal Procedure Code, the Magistrate shall give reasonable time for defence
and adducing evidence for defence which ensures fair trial.

6. Another important concept of fair trial is that after hearing a case by an

independent and impartial judge, who shall pass a Speaking Order. By virtue of
Sec.255 of Criminal Procedure Code, the Magistrate shall pass an order of
acquittal or conviction with recorded reasons.

Chapter XX of Criminal Procedure Code is framed for the trial of summons

cases fulfilled all the requirements of fair trial . Fair Trial is the heart of criminal
jurisprudence and the denial of fair trial is the denial of human right as held in
Rattiram v. State of Madhya Pradesh (A.I.R 2012,SC 1485).

7. Non-appearance or the death of the complainant

According to section 256 on the date fixed for the appearance of the accused
nonexistence of the complainant will empower the court to acquit the accused
unless the court has the reason to adjourn the case to some other day. Section
256(1) is also applicable in case of the death of the complainant. In case the
representative of the dead complainant does not appear for 15 days where the
defendant appeared, the defendant can be acquitted held by the Supreme Court-
S. Rama Krishna v. S Rami Reddy (2008) 5 SCC 535

8. Discharge in case of Summon cases

I summon cases instituted otherwise than the complaint Section 258 authorize
the first class Magistrate, with the prior sanction of the Chief Judicial
Magistrate, to stop the proceeding at any stage. Therefore if he stops the
proceeding ‘after record of the evidence’ than it is the pronouncement of a
judgment of acquittal, and in case stops ‘before the record of the evidence’ it is
released which has the effect of discharge.

It is controversial that in summon case instituted on complaint Magistrate do not

have any power of dropping of the case even if he has no sufficient ground to
proceed against the accused. This is because if the Magistrate does so then he
will recall his own order. Supreme Court said that the issue of process is interim
order of the Magistrate, not the judgment so it can be recalled. No provision is
required to empower the magistrate to drop the case in such circumstances- K.
M. Matthew v. State of Kerala (1992) 1 SCC 217
In summon cases on complaint Magistrate cannot discharge, review and recall
the order of the issue of the process. There is no dropping of the case, the trial
court has to conclude the trial- Subramanium Sethuraman v. State of
Maharashtra & Anr, (2004) 13 SCC 324.

In summon cases the Magistrate of the trial court has no power to drop the
proceeding in the absence of such provision in the law. A person can approach
the High Court under section 482 of Cr.P.C in such circumstances- Arvind
Kejriwal and others v. Amit Sibal & Anr (2014) 1 High Court Cases (Del)
719

There is no provision of discharge in summon cases instituted on complaint

accused will be either convicted or acquitted- R.K. Aggarwal v. Brig Madan
Lal Nassa & Anr 2016 SCC Online Del 3720.