X v. STATE OF NCT & ANR, 2025
The High Court clarified that revisional jurisdiction can be invoked even when a Magistrate’s order is passed despite police cancellation report, because such orders are quasi-final.
Judgement Details
Court
Delhi High Court
Date of Decision
26 October 2025
Judges
Justice Swarana Kanta Sharma
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
- A Magistrate issued process and summoned the accused despite a cancellation report filed by the police, which found no material evidence against the accused.
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The complainant challenged the trial court order that set aside the magistrate’s summoning order.
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The key question was whether a Magistrate’s order issuing process despite a cancellation report could be challenged in revisional jurisdiction.
Issues
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Whether the Magistrate’s order summoning the accused despite a cancellation report is interlocutory and outside revisional jurisdiction?
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Whether the Sessions Court or High Court can scrutinize such an intermediate order under Section 397 CrPC?
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Whether the rights of the accused are affected by the Magistrate taking cognizance despite the police report?
Held
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Magistrate’s order issuing process despite cancellation report is amenable to revision before Sessions Court or High Court.
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Revision petition filed by the accused is maintainable.
Analysis
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The High Court clarified that revisional jurisdiction can be invoked even when a Magistrate’s order is passed despite police cancellation report, because such orders are quasi-final.
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The ruling reinforces judicial oversight on criminal proceedings initiated without sufficient material evidence.
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The decision underscores the balance of rights between accused and complainant, ensuring that unfounded proceedings can be reviewed.