From a reading of the first order passed, taking on
record the complaint and requiring the complainant’s
presence for taking evidence, as also the second order
passed finding prima facie case made out on which process
was issued, we are of the opinion that it is the second order
passed on 03.06.2026 that the judicial mind was applied, as
prima facie case was found, deeming the cognizance having
been taken. That being so, the Court had to summon the
accused and hear him before such cognizance was taken. {Para 12}
Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. of 2026
(@Special Leave Petition (Crl.) No.14343 of 2026)
Umar and Anr. Vs The State of Uttar Pradesh & Anr.
Dated: SEPTEMBER 23, 2026.
