NANDLAL MISRA vs K. L. MISRA

The Supreme Court held that Section 488 of the Code of Criminal Procedure mandates that a Magistrate must issue notice to the respondent before dismissing a maintenance application. The Court emphasized that a preliminary enquiry is not contemplated and that the procedure outlined in Section 488 is mandatory, requiring the Magistrate to determine paternity in a summary manner. The Court overturned the High Court's decision, allowing the appellant to establish his case as prescribed by law.