Message: Return type of CI_Session_files_driver::open($save_path, $name) should either be compatible with SessionHandlerInterface::open(string $path, string $name): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Message: Return type of CI_Session_files_driver::close() should either be compatible with SessionHandlerInterface::close(): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Message: Return type of CI_Session_files_driver::read($session_id) should either be compatible with SessionHandlerInterface::read(string $id): string|false, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Message: Return type of CI_Session_files_driver::write($session_id, $session_data) should either be compatible with SessionHandlerInterface::write(string $id, string $data): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Message: Return type of CI_Session_files_driver::destroy($session_id) should either be compatible with SessionHandlerInterface::destroy(string $id): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Message: Return type of CI_Session_files_driver::gc($maxlifetime) should either be compatible with SessionHandlerInterface::gc(int $max_lifetime): int|false, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction
13 Dec 2019 01:32 pm
The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused.
The observation was made in agreement with the argument raised by the Applicants that trial court had simply recorded a conclusion that on the basis of the statement of the complainant and his witnesses, prima facie case appeared to have been committed. The said conclusion recorded by the Court below however, was not preceded by a discussion of the allegations made in the complaint or the statement of the complainant and his witnesses as recorded under Sections 200 and 202 of CrPC.
In support of this view, Justice Rajeev Misra cited a plethora of judgments.
In Smt. Shiv Kumar & Ors. v. State of U.P. & Anr., 2017 (2) JIC, 589, (All) (LB), the high court had cautioned the courts against summoning the accused mechanically. It said,
"Learned Magistrate was required to atleast mention in the order about the prima facie satisfaction for summoning the accused. The order must reflect that the learned Magistrate has exercised his jurisdiction in accordance with law after satisfying himself about the prima facie allegations made in the complaint. The accused cannot be summoned mechanically merely by writing that perused the statements under Sections 200 and 202 Cr. P. C."
