The High Court in the common impugned judgment and order has observed that the charges against the accused are not proved. This is not the stage where the prosecution / investigating agency is/are required to prove the charges. The charges are required to be proved during the trial on the basis of the evidence led by the prosecution / investigating agency.
The Second Schedule
(See Section 476)
FORM NO.1
SUMMONS TO AN ACCUSED PERSON
To ________ (name of accused) of_________ (address)
Whereas your attendance is...
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Summons is a written order of the court by which court direct that the person summoned to appear before the court at specified time and place as given in summon