Topic

writ jurisdiction criminal

1 articleLatest March 2026
Section 204 CrPC | Magistrate Must Record Judicial Application of Mind Before Issuing Process Under 498A/406 IPC : Bombay HC Quashes Mechanical Summoning
Case Law Analysis
|Bombay High Court

Section 204 CrPC | Magistrate Must Record Judicial Application of Mind Before Issuing Process Under 498A/406 IPC : Bombay HC Quashes Mechanical Summoning

Bombay High Court underscores that Magistrates cannot issue process under Sections 498A and 406 IPC without demonstrating a prima facie evaluation of allegations, even if detailed reasoning is not required. The ruling mandates judicial scrutiny to prevent arbitrary summoning, reinforcing fair trial safeguards for accused in matrimonial disputes.