Supreme Court DecisionsAvoidance of summons & Non-attendance in obedience to summons

November 30, 20150

Supreme Court on Avoidance of sumons , preventing service of summons and/ or non-attendance in obedience to Summons under Sections 172 to 174 of Indian Penal Code, 1860 held that

Person accused of independent offences cannot be exonerated thereof only on ground that he is found to be not guilty of the substantive offence in respect of which the summons concerned were issued.

Exonerating such an accused who successfully evades the process of law and thereby commits an independent offence, on the ground that he is found to be not guilty of the substantive offence, would be destructive of law and order, apart from being against public interest.

Such an exposition of law would only encourage unscrupulous elements in the society to defy the authority conferred upon the public servants to enforce the law with impunity.

[Vijay Mallya v. Enforcement Directorate,(2015) 8 SCC 799]

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