https://www.taxtmi.com/caselaws?id=353176 A revision under Sections 397 and 401 CrPC lies against an order taking cognizance and issuing process because such a summoning order is not interlocutory, so the maintainability objection failed. On merits, cognizance and process could not stand where the record disclosed no prima facie admissible material linking the accused to the alleged forgery or conspiracy, and the case rested substantially on hearsay. The Magistrate was required to apply judicial mind to material showing the essential ingredients of the offence, and the hearsay foundation here could not establish mens rea or culpable involvement. The order issuing process was therefore set aside and the criminal proceedings were quashed. en-us Wed, 03 May 2017 00:00:00 +0530 Fri, 29 Dec 2017 08:29:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=353176 A revision under Sections 397 and 401 CrPC lies against an order taking cognizance and issuing process because such a summoning order is not interlocutory, so the maintainability objection failed. On merits, cognizance and process could not stand where the record disclosed no prima facie admissible material linking the accused to the alleged forgery or conspiracy, and the case rested substantially on hearsay. The Magistrate was required to apply judicial mind to material showing the essential ingredients of the offence, and the hearsay foundation here could not establish mens rea or culpable involvement. The order issuing process was therefore set aside and the criminal proceedings were quashed. Case-Laws Indian Laws Wed, 03 May 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=353176