#Section 202 CrPC

The Calcutta High Court quashed a magistrate’s summons order, holding it was issued without the required judicial mind and in breach of Sections 202 and 204 CrPC. The ruling makes clear that any process must be based on a reasoned judicial assessment, otherwise the proceeding is void. It protects accused persons from arbitrary issuance of process.

The Punjab & Haryana High Court ruled that non-speaking summoning orders under Section 202 CrPC violate natural justice by failing to consider inquiry reports or prior adversarial proceedings. The court quashed summoning orders under the SC/ST Act and IPC, emphasizing that mechanical orders without judicial application of mind are legally unsustainable and prejudicial to accused rights.

Supreme Court holds that public servants filing official complaints need not undergo Section 202 CrPC inquiry before summoning accused, clarifying statutory exemptions in drug regulation cases.