Allahabad High Court Sets Aside Summoning Order in Dowry Case: Cites Violation of Provisions of Section 210 Cr.P.C.

September 13, 2023

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The Allahabad High Court on 11 Sep. 2023 set aside a summoning order against Mohammad Ayub Rizvi and Others in a dowry case filed by Smt. Salma Khan. The Bench headed by Hon’ble Shree Prakash Singh questioned the approach of the lower court, highlighting that “the learned trial court ignoring the provisions of Section 210 Cr.P.C., proceeded in the matter and has summoned the present applicants under Sections 498A, 323 I.P.C. and Section 4 of the Dowry Prohibition Act.”

The applicants had approached the High Court under Section 482, seeking to quash the entire proceedings of Complaint Case No.942/18 under Section 498-A, 323 I.P.C., and Section 4 D.P. Act, along with the summoning order dated 13.9.2018.

During the proceedings, the applicants’ counsel argued that there had been no proper inquiry or investigation before proceeding against them. They also emphasized the violation of Section 210 Cr.P.C. by the trial court. The counsel added that the summoning order lacked reasoning and had been “passed in a cavalier manner.”

The court, in its judgement, agreed with the applicants’ contention, stating that “the procedure prescribed under Section 210 of Cr.P.C. is very specific” and was not followed by the trial court. The judgement also cited the Apex Court’s verdict in the case of Abhijit Pawar Vs. Hemant Madhukar Nimbalkar and another, underlining that the “requirement of conducting inquiry or directing investigation before issuing process is not an empty formality.”

The court thus concluded that the trial court’s approach was not in line with the legal mandates, setting aside the summoning order and sending the case back for reconsideration.

The decision has been met with mixed reactions, but it underscores the judiciary’s commitment to ensuring that legal procedures are rigorously followed before taking punitive actions.

Date of Decision: 11 September 2023

Mohammad Ayub Rizvi and Others vs Smt. Salma Khan and Another

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