Legislature became apparent that the provisions of section 91, Cr.P.C. and section 497, Cr.P.C.

A process was issued to an accused person under section 204, Cr.P.C. when the court taking cognizance of the offence was of the "opinion" that there was "sufficient ground" for "proceeding" against the accused person. Opinion of a court about availability of sufficient ground for proceeding against an accused person could not be equated with appearance of "reasonable grounds" to the court for "believing" that he "has been guilty" of an offence within the contemplation of section 497(1), Cr.P.C. Due to such differences in the words used in section 204 and section 497, Cr.P.C. the intent of the legislature became apparent that the provisions of section 91, Cr.P.C. and section 497, Cr.P.C. were meant to cater for different situations.

2014 SCMR 1762