The Drill of Section 202 of the Cr.P.C. is Mandatory in Nature: High Court of Punjab & Haryana Sets Aside Summoning Order for Non-Compliance with Section 202 Cr.P.C. in Defamation Case

In a significant ruling, the High Court of Punjab and Haryana has set aside a summoning order in a defamation case for non-compliance with the mandatory procedure under Section 202 of the Code of Criminal Procedure (Cr.P.C.). The order, passed by Justice Harpreet Singh Brar, emphasized the necessity of an inquiry or investigation before issuing process against a person, especially when they reside outside the jurisdiction of the court.

The crux of the judgement revolves around the adherence to procedural requirements under Section 202 of the Cr.P.C., which mandates an inquiry or investigation before summoning an individual accused of defamation under Section 500 of the Indian Penal Code (IPC).

The petitioner, Jasbir Singh, was accused of defaming the respondent, Manmohan Singh, via a WhatsApp message and was subsequently summoned by a Judicial Magistrate. The petitioner contested the summoning order, arguing that there was no compliance with the mandatory inquiry process under Section 202 Cr.P.C. before issuing the summons.

Justice Brar, in his assessment, referred to several precedents, including the Supreme Court judgments in Abhijit Pawar vs. Hemant Madhukar (2017) and National Bank of Oman vs. Barakara Abdul Aziz (2013), as well as a previous judgment of the Punjab & Haryana High Court. These cases underscored the importance of fulfilling the procedural requirements under Section 202 of the Cr.P.C.

In particular, the Court observed that the summoning order dated October 4, 2023, was passed without conducting an inquiry or investigation as required under Section 202. The Court emphasized that such non-compliance rendered the summoning order unsustainable.

Conclusively, the Court allowed the petition, setting aside the summoning order and remanding the matter back to the Judicial Magistrate for fresh consideration. The Magistrate was directed to comply with the procedural requisites under Section 202 Cr.P.C. before issuing any process.

Date of Decision: February 16, 2024

Jasbir Singh vs. Manmohan Singh