N.S.HEGDE, S.B.SINHA, A.K.MATHUR
Adalat Prasad – Appellant
Versus
Rooplaljindal – Respondent
Based on the provided legal document, the key legal principles are as follows:
A Magistrate, having issued process under section 204 of the Criminal Procedure Code (Cr.P.C.), does not have the authority to recall or review the order of issuance of process on an application by the person summoned. The order of issuing process is an interim order, and the authority to recall it is limited and does not include a general review power (!) (!) .
The essential condition for issuing process under section 204 is that the Magistrate must be satisfied, either through examination of the complainant and witnesses or via an inquiry under section 202, that there are sufficient grounds to proceed with the complaint. This satisfaction is a prerequisite and is based on the materials available at that stage (!) (!) .
The process of issuing summons is a preliminary stage, and the Magistrate's satisfaction for proceeding is only at this initial phase. The stage for hearing the accused and reconsidering the grounds for proceeding arises later, typically under section 203, which involves a different procedural context (!) (!) .
Once process has been issued, the accused cannot approach the court to seek dismissal of the complaint or to reconsider the issuance of process through an application under section 203, because that stage is already completed, and the process issuance is not subject to review or reconsideration by the Magistrate at this point (!) (!) .
If an order of process issuance is found to be without jurisdiction or erroneous, the remedy for the aggrieved party is not through a review within the same proceedings but through invoking the inherent or inherent powers of the court, such as under section 482 of the Cr.P.C. This is because the procedural scheme does not provide for a review of interlocutory orders like the issuance of process (!) (!) .
The view that a Magistrate can recall or rescind an order of process solely on the basis of a subsequent application or without specific legal provisions is not supported by the procedural scheme. The issuance of process is a significant step that cannot be reversed or reviewed at the interlocutory stage without proper legal authority (!) (!) .
The Court emphasizes that the issuance of process under section 204 is a preliminary and interim step, and the proper course for challenging the process or the proceedings is through appropriate legal remedies outside of the review process, such as invoking inherent powers of the court (!) .
These principles collectively clarify that the authority to recall or review a process issuance under section 204 of the Cr.P.C. is limited, and proper legal procedures must be followed for any challenge to such orders.
JUDGMENT
Santosh Hegde, J.-This is an appeal by leave against the judgment of the High Court of Delhi at New Delhi in Criminal Revision No. 127 of 1995 whereby the High Court allowed the said revision petition, setting aside the order of the trial court dated 28.1.1995 and remanded the matter to the Court of Magistrate for disposal in accordance with law. Brief facts necessary for the disposal of this case are as follows:
2. The 1st respondent herein filed a complaint under sections 120A, 120B, 405, 406, 415, 420, 463, 465 and 468 of the IPC against the appellant and other respondents herein alleging that the respondents have cheated and defrauded him. Taking cognizance of the said complaint on 26.5.1992 the learned Metropolitan Magistrate summoned the appellants herein and other accused by issuing process under section 204 of the Code of Criminal Procedure (the Code) for offences confined to section 420 read with 120B IPC.
3. Being aggrieved by the said order of issuance of process the appellant and some of the accused moved the High Court and the High Court in the said petition directed the petitioners therein to move the trial court against the order of summoning. Pursuant to the s
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