GULAJAR Vs. STATE OF U P

JUDGEMENT

(1.) In the present petition, applicant, who is an. informant has filed a complaint in Case No. 2397 of 2012 under Sections 34, 379, 411, 417, 418, 420, 467, 468, 471 and 477 I.P.C., P.S. Sihani Gate, District Ghaziabad, process has been issued against the respondent Nos. 2 and 3, who were named as an accused in the complaint.

(2.) I have heard the learned counsel for the parties.

(3.) A close scrutiny of the provision envisages that once the Magistrate has taken cognizance of the offence he is required to issue summons or warrants for causing the accused to be brought before the Court. In case where the process is issued on the basis of complaint copy of the same is required to be supplied to the accused. The presence of the accused before the trial Court after the issuance of the summons is mandatory. In respect of cases initiated on the police report there is one more condition required to be complied with under Section 207 Cr.P.C. The Magistrate is required, without any delay to furnish a copy of the police report alongwith all the documents to the accused free of cost which has been collected during the course of investigation. It is on the supply of the documents that the trial can proceed. Unless the accused appear before the Court the trial cannot be initiated. What is important here is that trial without the presence of the accused cannot be permitted. It is essential that accused must remain present before the Court, before the trial can be initiated.