Supreme Court of India · 2023-01-02
DEEPAK GABA vs STATE OF UTTAR PRADESH
- Citation / case number
- SC 2022/12892
- Court
- Supreme Court of India
- Petitioner
- DEEPAK GABA
- Respondent
- STATE OF UTTAR PRADESH
- Author
- HON'BLE MR. JUSTICE SANJIV KHANNA
- Bench
- HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE SANJIV KHANNA
Judgment text excerpt
The Supreme Court examined the validity of a summoning order issued under Section 406 of the Indian Penal Code, based on a private complaint alleging a forged demand for money. The High Court had dismissed the petition challenging the order, and the Supreme Court analyzed whether the prima facie evidence was sufficient to summon the accused for trial. The Court emphasized the importance of evaluating the evidence at the stage of issuing process and upheld the summoning order, affirming the procedural correctness. The judgment underscores the scope of judicial review under Section 482 CrPC in criminal proceedings.