Complex Economic Hawala / Section 204 of The Code of Criminal Procedure, 1973

We fully endorse Justice B.K. Rathi’s view in Raj Kumar Agarwal, 1999 Cr.LJ 4101. The standard to be adopted for summoning the accused under Section 204, Cr.P.C. is not the same at the time of framing the charge; it must be seen only whether there is sufficient ground for proceeding against the accused; fact that after investigation, Police has submitted Charge Sheet, may be considered as sufficient ground for proceeding at the stage of issue of process under Section 204; Court is not required to weigh the evidentiary value of the materials on record; ‘possible defences’ need not be taken into consideration at the time of issuing process unless there is an ex-facie defence such as a legal bar or if in law the accused is not liable [Nupur Talwar, (2012) 11 SCC 465].”

Hon’ble Justice R. Banumathi, State of Gujarat v. Afroz Mohammed Hasanfatta, [Criminal Appeal No. 224 of 2019].

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