1. - This criminal miscellaneous petition has been filled against the order dated 06.10.2001, whereby the learned Magistrate had rejected the application, filed by the accused-petitioner for recalling the order of cognizance.

2. Suffice it to say that in view of the settled principles of law laid down by the Hon'ble Supreme Court, the learned court does have the jurisdiction to recall the order of cognizance on the application filed by the accused-petitioner, who appears before him on service of the summon. Needless to say that the principle laid down in the case of K.M. Mathew v. State of Kerala, (1992) 1 SCC 217 has been over ruled by the Apex Court in the case of Adalat Prasad v. Rooplal Jindal, (2004) 7 SCC 388 .

3. Consequently, this criminal miscellaneous petition is dismissed, as devoid of merits.Petition Dismissed.

*******