A summons case is a type of criminal case where the accused is directed to appear before the court in response to a summons, rather than being arrested and produced before the court.
Steps Involved in the Procedure for Trial in a Summons Case
- Filing of Complaint: A complaint is filed by the complainant or the police officer with the jurisdictional magistrate regarding the commission of an offence.
- Issue of Summons: The magistrate, after scrutinizing the complaint and examining the witnesses (if required), may issue summons to the accused, directing him to appear before the court on a specific date.
- Appearance of Accused: On the date of appearance, the accused is expected to be present in court and answer to the charges against him.
- Framing of Charges: If the accused appears, the magistrate shall proceed to read the charges and explain to him the particulars of the offence. The accused may plead guilty or not guilty.
- Examination of Witnesses: In case the accused pleads not guilty, the prosecution will be asked to examine the witnesses and present evidence in support of the charges.
- Cross-Examination: The accused will be given an opportunity to cross-examine the witnesses produced by the prosecution.
- Judgment: After hearing the arguments of both the prosecution and the defense, the magistrate will deliver a judgment either convicting or acquitting the accused. If convicted, the magistrate will pass the sentence.
- Appeal: If the accused is dissatisfied with the judgment, he can appeal to the higher court within the prescribed period.
